I unfortunately tested positive for COVID this week and have been having pretty bad symptoms (cough, trouble breathing, fatigue, etc.) (I am also double vaccinated) My employer initially told me that I need to use my PTO and any remaining sick days. After looking up NY’s Covid leave policies, employers with fewer than 100 employees are required to give 5 days and employers with over 100 employees have to give 14 days (including weekends). When I pointed this out, they came back to me telling me that I’m eligible for 40 hours. We are a company of over 200, but international. Currently there’s less than 100 in the US. Since my symptoms are pretty harsh, my only concern is continuing to get paid while I’m sick so I can rest—I would have to return to work on Monday, and if I’m well I have no problem with that. However, my doctors note says not to return until next Friday. I have underlying conditions and I’m scared to push myself too quickly. Does anyone know how total count of employees is made for this? I can’t find information anywhere. Just going off of the conversations I’ve had so far, it feels like they were relying on me not knowing my benefits.

UPDATE: I fought back against their claim that I am only eligible for 40 hours. They spoke to their employment lawyer, who said they have to count their entire size, and I will be getting my two weeks. Hope this update helps anyone who finds themselves in a similar position.