Way back on March 16, the Governor issued Executive Order 202.4, which required local governments to allow non-essential personnel to work from home or take leave without that leave affecting their accrued time off and benefits. It also mandated that the total number of non-essential personnel to work from home or take time off equal at least 50% of the total number of each local government or political subdivision’s workforce. Local officials were given discretion to determine which employees were to be classified as non-essential. E.O. 202.4 was previously extended by E.O.s 202.14 and 202.28.

Executive Order 202.39

E.O. 202.39 went into effect this past Sunday, June 07. In relevant part, it modifies E.O. 202.4, as extended, so that the restrictions on operational staff for local governments and political subdivisions are now limited to those located within regions that haven’t met the Governor’s public health and safety metrics requisite for entry into Phase Two of the New York Forward reopening plan.

According to E.O. 202.39, local governments and political subdivisions in Phase Two regions may begin bringing all non-essential employees back to work fourteen days following such regions’ meeting the public health and safety metrics to enter Phase Two reopening. All upstate regions have entered Phase Two of reopening.

Local governments and political subdivisions are required to have an operational health and safety plan in place. We discussed developing such a plan for businesses in a previous post.  These plans provide for specific individualized protocols, such as health screening for employees or cleaning regimens to help prevent the potential spread of contagion in the workplace. Local officials should review additional guidance from the state as it becomes available.


We are closely monitoring all NY Forward guidance and will continue to keep you updated. Please do not hesitate to contact the Wladis Law Firm. We will do our best to provide you with updates and will be available to answer questions as circumstances change. We may be reached at (315) 445-1700 or by e-mailing your everyday firm contacts.

Christopher Baiamonte Headshot

Christopher J. Baiamonte

Mr. Baiamonte concentrates his practice primarily on civil litigation. He counsels individual, corporate, and municipal clients on resolving disputes ranging from environmental liability to shareholders rights to creditor–debtor suits. He also works with clients to navigate various state and federal regulations relating to areas such as environmental protection, employment, and civil rights.

More Details About Christopher J. Baiamonte