On April 3, 2020, Governor Andrew Cuomo signed legislation establishing the right to paid leave for New Yorkers. New York’s paid sick leave law requires employers with five or more employees or net income of more than $1 million to provide paid sick leave to employees and for employers with fewer than five employees and a net income of $1 million or less to provide unpaid sick leave to employees. This new law is in addition to the New York State provisions already in effect providing emergency paid sick time due to COVID-19. On September 30, 2020, covered employees in New York State began to accrue leave at a rate of one hour for every 30 hours worked. On January 1, 2021, employees may start using accrued leave. To help employers understand the new regulations, the state released new guidance and FAQs.
Amount of leave:
- Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year
- Employers with 5 to 99 employees must provide up to 40 hours of paid sick leave per calendar year
- Employers with 4 or fewer employees and net income of greater than $1 million in the previous tax year are required to provide up to 40 hours of paid sick leave per calendar year
- Employers with 4 or fewer employees and net income is $1 million or less in the previous tax year are required to provide up to 40 hours of unpaid sick leave per calendar year
Covered:
- All private-sector employees in New York State, regardless of industry, occupation, part-time status, and overtime status
- Employees of charter schools, private schools, and not-for-profit corporations
Not covered:
- Federal, state, and local government employees
Employees may use sick leave:
- For mental or physical illness, injury, or health condition, regardless of whether it has been diagnosed or requires medical care at the time of the 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 preventive care
Employees may use 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:
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- 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
- 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.
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