New York Employers Adapt to New Sick Leave Law
Pursuant to a new sick leave law in New York State, an employer must provide employees with paid or unpaid sick leave accrual starting on September 30, 2020.
Under the new law, the amount of sick leave in New York and whether it is paid or unpaid is determined by the employer’s size and income. Specifically:
- Employers with four or fewer employees and a net income of less than $1 million are required to allow employees to accrue at least 40 hours of unpaid sick leave per calendar year.
- Employers with four or fewer employees and a net income of greater than $1 million are required to allow employees to accrue at least 40 hours of paid sick leave per calendar year.
- Employers with between 5 and 99 employees are required to allow employees to accrue at least 40 hours of paid sick leave per calendar year.
- Employers with 100 or more employees are required to allow employees to accrue at least 56 hours of paid sick leave per calendar year.
Sick leave must be accrued at the rate of one hour for every thirty hours worked (with a maximum required amount of either 40 or 56 hours as set forth above). Instead of accruing time, employers can opt to front load the total sick time at the beginning of the year.
Sick leave can be used 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;
- 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;
- an absence from work due to any of the following reasons when the employee or employee's family member has been the victim of 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.
The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services. Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness. The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel.
This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk. We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability. Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein. We will remove a link to any site from this blog upon request of the linked entity.
We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.
If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com. One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.
Employer Alert: CDC Releases New Quarantine and Isolation Calculator
Employee Complaints About COVID-19 Safety Protocols are Triggering OSHA Investigations
Employment Law Update: New Jersey Executive Order to Require COVID-19 Vaccination & Booster for Workers in Certain Health Care Settings and Congregate Settings