New York State Passes Law Requiring Employers to Provide Employees Paid Sick Leave

New York Governor Andrew Cuomo has signed the state’s FY 2021 Education, Labor, Housing and Family Assistance Budget Bill into law (Chapter 56, S.7506-B, A.9506-B). The budget, among other things, requires all employers to provide employees with paid sick leave. The amount of paid sick leave an employer is required to provide an employee varies however, based on the size of the business. The new obligation is separate and distinct from the Quarantine Leave Law enacted in response to COVID-19.

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

Employers with fewer than 100 employees in any calendar year must provide up to 40 hours of paid sick leave per calendar year.

Employers with less than 5 employees and less than $1,000,000.00 in net income shown in the previous tax year, must provide 40 hours of sick leave, but that sick leave can be unpaid.

Employers may set a minimum increment of paid sick leave permitted to be used by an employee at a time but that minimum may not be less than a defined amount.

The law requires that unused sick leave be carried over to the next calendar year, but the employer may limit the amount of sick leave that may be used in a calendar year. Significantly, employers are not required to pay an employee for unused sick leave upon their separation of employment.

The law has a broad definition as it relates to coverage. It covers care and diagnosis for an employee or an employee’s family member, regardless of whether the health condition has been diagnosed or requires treatment at the time of the request. Moreover, the law has a broad definition of what constitutes a family member.

Upon oral or written request, employers must provide information regarding an employee’s accrued paid sick time.

An employer must maintain records regarding the amount of sick leave provided to employees.

The law prohibits employers from discriminating or retaliating against an employee for requesting and using sick leave.

This blog entry is not exhaustive and is not meant to serve as legal advise. It is important that should you have questions regarding the new paid sick leave law in New York State, you contact Gilbert Law Group today at (631) 630-0100.

New York’s Paid Family Leave Law Provides Paid Leave to Families

On July 20, 2017, the New York Workers Compensation Board adopted the final regulation for implementation of the New York Paid Family Leave Law (NYPFLL). This is significant because the federal counterpart, the Family and Medical Leave Act (FMLA), does not obligate an employer to provide paid leave. In order to qualify to take paid leave in New York, an employee must be employed by a covered employer at the time they apply for the PFL. Additionally, if the employee works at least 20 or more hours per week, they become eligible after 26 weeks of employment. Alternatively, if an employee works less than 20 hours per week, they become eligible after 175 days worked.

An employee will be permitted to use paid leave if they are a new parent; have a serious health condition; or is called to active military duty. A serious health condition includes illness, injury, impairment, or mental condition.

An employee can apply for paid leave and once effective, the length of the maximum available leave varies based on the year. Each January 1 from now until 2021, the percentage of payment required to be paid to an employee for paid family leave will increase based on what the employee receives weekly. This January the PFL requires an employee to be given 8 weeks of paid leave at 50% of the employee’s weekly wage or the state average weekly wage, whichever is less. By 2021, the paid leave rate will increase to 12 weeks paid at 67% of the employee’s weekly wage or the state average weekly wage, whichever is less.

For more information on how on how an employee can claim Paid Family Leave and how an employer can prepare for the new regulation, call Gilbert Law Group at 631-630-0100.

Submitted by: Alexander Gilbert