Paid Sick Leave Guidance

Posted October 20, 2020

The Paid Sick Leave implementation website is now live at the NY Department of Labor website and can be found here: https://www.ny.gov/programs/new-york-paid-sick-leave

From the website:

 

Overview:

On April 3, 2020, Governor 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.

 

This law advances Governor Cuomo’s agenda to empower New York's low-wage workers and protect all consumers in the state.

 

Amount of Leave

Sick Leave Requirements

100+ Employees:

Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year.

 

                5-99 Employees:

Employers with 5-99 employees must provide up to 40 hours of paid sick leave per calendar year.

 

0-4 Employees:

If net income is $1 million or less, employer must provide up to 40 hours of unpaid sick leave. If net income is greater than $1 million, employer must provide up to 40 hours of paid sick leave.

 

How do Accruals Work?

                Employees begin accruing leave on September 30, 2020. Leave must be accrued at rate not less than one hour for every thirty hours worked.

 

Who is Eligible?

                All private-sector employees in New York State are covered, regardless of industry, occupation, part-time status, and overtime exempt status.

 

What are Permitted Uses of Sick Leave?

                Employees may use accrued leave for "sick" or "safe" reasons impacting the employee or a member of their family for whom they are providing care.