On April 3, 2020, New York State Governor, Andrew M. Cuomo, signed into law an unpaid and paid sick leave program for all New York employees, which will become effective September 30, 2020.
Paid and Unpaid Sick Leave Provisions
- Employers with 1- 4 employees in any calendar year and a net income of $1M or less in the previous tax year must provide up to 40 hours of unpaid sick leave.
- Employers with (a) 4 or fewer employees in any calendar year and a net income of $1M or greater in the previous tax year, or (b) between 5 – 99 employees in any calendar year, must provide each employee with up to 40 hours of paid sick leave.
- Employers with 100 or more employees in any calendar year must provide at least 56 hours of paid sick leave.
- Employees accrue one hour of sick leave for every 30 hours worked.
- Employees begin accruing sick leave benefits on September 30, 2020. However, employers may restrict the use of accrued sick leave until January 1, 2021.
Employees may use sick leave for purposes that include, but are not limited to the following:
- For a mental/physical illness, injury, or health condition of an employee or the employee’s family member
- For the diagnosis, care, or treatment of a mental/physical illness, health condition
- For an absence from work due when the employee or employee’s family member has been the victim of domestic violence, a family offense or sexual offense
- To take any other actions necessary to ensure the health or safety of the employee or the employee’s family member
- Unused sick leave carries over to the following calendar year. An employer with fewer than 100 employees may limit the use of sick leave to 40 hours and an employer with 100 or more employees may limit the use of sick leave to 56 hours.
- Employers are prohibited from discharging, threatening, penalizing, or in any other manner discriminating or retaliating against an employee because an employee exercises a right afforded under the paid sick leave law.
- Employers and unions are permitted to enter into a new CBA, on or after September 30, 2020, that provides a comparable benefit for employees in the form of paid days off, so long as the paid days off come in the form of leave, compensation, or other employee benefits, or some combination of those.
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