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.