As we previously posted, in March 2020, New York enacted sick leave leave benefits for New York employees under quarantine or isolation orders related to COVID-19. New York has now expanded employee entitlement to sick leave benefits for non COVID-19 matters., The new sick leave becomes effective September 30, 2020.
Sick Leave Requirements
Under the new law, all private employers in New York will be required to provide sick leave to their employees. Employees will start accruing sick leave beginning September 30, 2020 and be eligible to use sick leave as of January 1, 2021. The amount of sick leave, and whether or not it is paid, is determined by the size of the employer in a given calendar year as follows:
- Employers with four or fewer employees and net income of less than $1 million in the previous tax year must provide at least 40 hours of unpaid sick leave each calendar year;
- Employers with four or fewer employees and net income of greater than $1 million in the previous tax year must provide at least 40 hours of paid sick leave each calendar year;
- Employers with between five and 99 employees must provide at least 40 hours of paid sick leave each calendar year; and
- Employers with 100 or more employees must provide at least 56 hours of paid sick leave each calendar year.
Employers may use either either January 1 through December 31, or a regular and consecutive 12-month period, to determine their size “in a given calendar year.”
Use, Accrual, and Carryover
Employees will accrue one hour of paid sick leave for every 30 hours worked. Instead of using the accrual method, employers may front load the sick leave by providing it in full at the beginning of each calendar year. After January 1, 2021, employees will be eligible to use sick leave immediately upon accrual, without any waiting period for new hires. The lack of a waiting period is a departure from most existing sick leave laws.
Employers may set a reasonable minimum increment for the use of sick leave, which cannot exceed four hours.
Under the law, accrued unused sick leave will carry over from year to year, but employers may cap the use of sick leave in each year to the 40 or 56 hours for each employee applicable to that employer based upon the employer’s size.
Employees may use accrued sick leave for:
- a mental or physical illness, injury, or health condition of the employee or a family member of the employee;
- the diagnosis, care, or treatment of a mental or physical illness, injury, or health condition of, the need for medical diagnosis of, or preventive care for, the employee or a family member of the employee; or
- an absence from work due to reasons relating to the employee or employee’s family member being a victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking.
A “family member” is defined as an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent; and the child or parent of an employee’s spouse or domestic partner.
Steps for Employers
Employers in New York need to determine their size and review any existing sick leave policies to ensure compliance with the new law. Employers in New York City and Westchester County, which both have existing paid sick leave laws, will need to update their policies to account for differences in the local law and statewide law. For example, employers in New York City may need, depending on their size, to increase the amount of eligible paid sick leave employees receive. New York City employers will also need to remove any waiting period for new hires in their existing policies.
If you have questions about your business’s sick leave or other employment policies, please contact us at (201) 345-5412 / (646) 503-5358 or through our online scheduling system.