Updated on 01/26/21
BPHR’s Director Lisa Salcido, SPHR, SHRM-SCP provides answers to your pressing HR questions.
Question: What does our business need to know about New York’s new statewide sick leave law?
Answer: In April 2020 Governor Cuomo signed into law a paid sick leave program for all New York employees. The law goes into effect on September 30, 2020 and employers across New York state will be required to provide sick leave benefits to their employees as follows:
- Employers with four or fewer employees in any calendar year, and a net income of one million dollars or less in the previous tax year, are required to provide up to 40 hours of unpaid sick leave each calendar year;
- Employers with four or fewer employees in any calendar year, and with a net income greater than one million dollars in the previous tax year, are required to provide up to 40 hours of paid sick leave each calendar year;
- Employers with 5-99 employees in any calendar year, are required to provide up to 40 hours of paid sick leave each calendar year;
- Employers with 100+ employees in any calendar year, are required to provide up to 56 hours of paid sick leave each calendar year.
Here’s what else you need to know…
Workers will accrue sick time at a rate of one hour for every 30 hours worked, or employers may frontload the total amount. Employees may use their accrued sick leave starting January 1, 2021. Accrued but unused sick time will carry over into the following calendar year but employers can cap annual usage at the 40 (or 56) required hours. Payout of unused sick leave upon separation is not required. Employees may use sick leave for their own, or a family member’s, physical or mental health condition, or reasons related to protection from domestic violence.
Employers must notify workers of their sick leave policy in writing and retain records of accruals and usage for a minimum of six years. Employees may request a summary of these records and employers must provide the information within three business days. The law also includes an anti-retaliation and job protection clause.
The new sick leave law is separate from the existing NYC’s Paid Safe and Sick Leave Law, NY State’s Paid Leave for COVID-19 and Westchester County’s Safe Time Leave Law. Those provisions still apply and employers will need to provide employees with leave that meets or exceeds the requirements of both the statewide and local laws.
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Have a question for Lisa? Email her directly.
DISCLAIMER: The material presented on this page is for informational purposes only and does not constitute legal advice or legal opinion.