New York State Paid Sick Leave Law Takes Effect September 30, 2020
As part of the 2020-21 enacted State Budget, Governor Andrew Cuomo signed into law a bill expanding New York’s Labor Law to require all employers to provide sick leave to their employees, with the amount of time and whether paid or unpaid based on the size of the employer (“Sick Leave Law”). The law takes effect on September 30, 2020 and employees may begin accruing sick leave as of October 1, 2020. Employees are permitted to utilize their accruals, for the reasons designated in the law, beginning January 1, 2021.
Understand Your Obligations:
The Sick Leave Law requires employers to provide sick leave to their employees each calendar year as follows:
- Employers with 0-4 employees must provide up to forty (40) hours of unpaid sick leave;
- Employers with 0-4 employees with a net income greater than $1 million must provide up to forty (40) hours of paid sick leave;
- Employers with 5-99 employees must provide up to forty (40) hours of paid sick leave; and
- Employers with 100 or more employees must provide up to fifty-six (56) hours of paid sick leave.
Employers must permit their employees to take accrued sick leave for the following reasons:
- For a mental or physical illness, injury, or health condition of such employee or such employee’s family member, regardless of whether such illness, injury, or health condition has been diagnosed or requires medical care at the time that such employee requests such leave;
- For the diagnosis, care, or treatment of a mental or physical illness, injury or health condition of, or need for medical diagnosis of, or preventive care for, such employee or such employee’s family member; or
- For an absence from work when the employee or employee’s family member has been the victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking:
- to obtain services from a domestic violence shelter, rape crisis center, or other services program;
- to participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members;
- to meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding;
- to file a complaint or domestic incident report with law enforcement;
- to meet with a district attorney’s office;
- to enroll children in a new school; or
- to take any other actions necessary to ensure the health or safety of the employee or the employee’s family member or to protect those who associate or work with the employee.
Employers required to provide paid sick leave must compensate employees for each hour of sick leave at their regular rate of pay or the applicable minimum wage, whichever is greater. Employers may have a sick leave policy offering benefits more robust than the law, so long as the policy satisfies all requirements of the law.
Leave taken under the new Sick Leave Law is job-protected and employers are prohibited from taking adverse action or otherwise discriminating or retaliating against an employee who has requested or taken sick leave pursuant to the Sick Leave Law.
Next Steps:
Employers in New York State should review sick leave policies to ensure compliance with the Sick Leave Law. Be aware of the date when employees begin accruing sick leave and when they may begin to use accruals.
Contact Us:
If you would like to discuss New York’s Paid Sick Leave Law further, or have your current policies reviewed for compliance with the new requirements, please feel free to contact the Labor and Employment Department at Hinman Straub P.C.