In April 2020, New York state passed a law mandating paid sick leave, joining more than a dozen states and communities that have also created sick leave laws. Employees will be able to start taking leave under this new law on January 1, 2021. According to official guidance, employees may request leave for the following purposes:

• Mental or physical illness, injury or health condition of an employee or employee's family member, regardless of whether the condition has been diagnosed or requires medical care at the time that such employee requests such leave.
• The diagnosis, care or treatment of a mental or physical illness, injury or health condition of, or need for medical diagnosis of, or preventive care for, such employee or such employee's family member.
• For an absence from work due to various reasons when the employee or employee's family member has been the victim of domestic violence.

How much leave is mandated?

The amount of leave is based on companies' size and income.

• At least 100 employees: 56 hours paid leave.
• Employers with fewer than 100 employees: 40 hours paid leave.
• Employers with fewer than 5 employees and a net income in excess of $1 million: 40 hours paid leave.
• Employers with fewer than 5 employees and a net income of less than $1 million: 40 hours unpaid leave.

New York State Sick Leave accrues at a rate of 1 hour for every 30 hours worked, but employers are allowed to frontload all sick time at the beginning of the year. Companies must carry over unused sick leave to the following year.

These are just the basics. The full details and limitations are available on the New York State Senate site.

Copyright 2020