The New York State Sick Leave Law (NYSSL) goes into effect on September 30, 2020, but employees will be unable to take advantage of benefits until January 1, 2021.
This law includes requirements and conditions that employers will have to adhere to. These requirements include but are not limited to:
- Employers with at least 100 employees must provide 56 hours of paid sick leave.
- Employers with fewer than 100 employees must provide 40 hours of paid sick leave.
- Employers with fewer than five (5) employees and a net income in excess of $1 million from the previous tax year must provide 40 hours of paid sick leave.
- Employers with fewer than five (5) employees and a net income of less than $1 million in the previous tax year must provide 40 hours of unpaid sick leave.
- Unused sick leave must be carried over to the following year.
- Employees may request in writing or verbally that an employer provides a summary of the amount of their accrued sick leave. The employer must provide the information within three (3) business days of the request.
- Employers may not require employees to disclose any confidential information in verifying the need for NYSSL.
- Employees have a right to reinstatement and protections against retaliation for exercising rights under the NYSSL.
NYSSL will accrue at a rate of one (1) hour of every 30 hours worked. The employer can choose to frontload all sick time at the beginning of the year. An employer may designate a reasonable minimum number of hours for use, which cannot exceed four (4) hours.
Among the reasons an employee can utilize their sick time include:
- Mental or physical illness, or injury, or diagnosis, care, treatment, or preventive care for employee’s mental or physical illness or injury
- Covered family member’s mental or physical illness or injury or diagnosis, care, treatment, or preventive care for a covered family member’s mental or physical illness or injury
- Absences related to an employee’s status as a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking
- Absences related to a covered family member’s status as a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking.
Please note that the term “family member” is broadly defined under the NYSSL to include an employee’s child (biological, adopted, foster child, legal ward, or a child of an employee standing in loco parentis), spouse, domestic partner, parent (biological, foster, step, adoptive, or legal guardian), sibling, grandchild, or grandparent; and the child or parent of an employee’s spouse or domestic partner.
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