New York State’s Paid Sick Leave policies were introduced on April 3, 2020, and went into effect on Sept. 30, 2020.
On January 1, 2021, employees may start using their accrued leave.
The number of sick leave hours required is based on the number of employees that work within your organization:
0-4 Employees:
If your net income is $1 Million or less, employers must up to 40 hours of unpaid sick leave. If net income is greater than $1 Million, employers must provide up to 40 hours of paid sick leave
5-99 Employees:
Employers must provide 40 hours of paid sick leave per calendar year.
100+ Employees:
Employers must provide up to 56 hours of paid sick leave in a calendar year.
How sick leave is accrued
Employees begin accruing leave on September 30, 2020. Leave must be accrued at the rate not less than one hour of leave accrued for every thirty hours worked.
An alternative to the accrual of sick leave by hours, employers may choose to provide the full amount of sick leave at the beginning of each calendar year (ex. An employer with 50 employees may choose to provide 40 hours of sick leave starting Jan.1 of yea year or at the beginning of a 12-month period determined by the employer. NOTE: Upfront sick leave cannot be subject to later revocation or reduction if the employee works fewer hours than anticipated by the employer.).
Who is eligible
All private-sector employees in New York State are covered, regardless of industry, occupation, part-time status, and overtime-exempt status. Federal, state, local, and government employees are NOT covered, but employees of charter schools, private schools, and not-for-profit corporates are covered.
Permitted Usage of Sick Leave
After Jan 1, 2021 employees may use accrued leave following a verbal or written request to their employers for the following reasons impacting the employee or a member of their family for whom they are providing care or assistance with care.
Sick Leave:
- For Mental or physical illness, injury or health conditions, regardless of whether it has been diagnosed or requires medical care at the time of request for leave
- For the diagnosis, care, or treatment of a mental or physical illness, injury or health condition, or need for medical diagnosis or preventative care.
Safe Leave:
- For an absence from work when the employee or employee’s family member has been the victim of domestic violence as defined by the State Human Rights Law, a family offense, sexual offense, stalking, or human trafficking due to any of the following as it relates to the domestic violence, 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.
Leave Increments
Employers are permitted to require that leave be used in increments (e.g., 15 minutes, 1 hour, etc.) but may not set the minimum increment at more than 4 hours.
Employers must notify employees of these leave increment policies in writing or by posting a notice in the worksite prior to leave being acured, any restrictions in their leave policy affecting the employees’ use of leave, including any limitations on leave increments
Rate Of Pay
Employees must be paid their normal rate of pay for any paid leave time under this law, or the applicable minimum wage rate, whichever is greater. No allowances or credits may be claimed for paid leave hours, and employers are prohibited from reducing an employee’s rate of pay for sick leave hours only.
An employer cannot retaliate against an employee in any way for exercising their rights to use sick leave. Furthermore, employees must be restored to their position of employment as it had been prior to any sick leave taken. Employees who believe they have been retaliated against for exercising their sick leave rights should contact the department of labor’s anti-retaliation unit.
Record Keeping
Employers are required to keep payroll records for 6 years, which must include the amount of sick leave accrued and used by each employee on a weekly basis.
Employers are required to provide within three business days a summary of the amount of sick leave accrued and used by the employee in a current calendar year or any previous calendar year, at the request of the employee.
Employees who believe that they have been retaliated against for exercising their sick leave rights should contact the Department of Labor’s Anti-Retaliation Unit at 888-52-LABOR or LSAsk@labor.ny.gov.
If you still have questions, contact a Risk Advisor at 914-357-8444. If they cannot help you they’ll direct you to an employment lawyer that can.
