Executive Order 202.4, as extended, previously required local governments to allow non-essential personnel to be able to work from home or take leave without charging accruals.  It further required such number of non-essential personnel to total no less than 50% of the total number of employees across the entire workforce of such local government or political subdivision. (It was up to the local government to determine who is essential vs. non-essential for purposes of the Executive Order.)

Today, the Governor signed Executive Order 202.39, which in part modifies Executive Order 202.4, such that its restrictions now apply only to local governments that have not met the prescribed public health and safety metrics to be eligible for Phase Two reopening.

The Executive Order expressly states that local governments in Phase Two regions may bring non-essential employees back to work beginning two weeks after such region meets the metrics to reopen Phase Two.

Local governments must have plans in place – such as plans for screening employees and cleaning protocols – and review additional guidance as it becomes available from the state.

This alert does not purport to be a substitute for advice of counsel on specific matters.

Harris Beach has offices throughout New York State, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as New Haven, Connecticut and Newark, New Jersey.