State-wide sick leave for New York by 2021

New york sick leave

State-wide sick leave for New York by 2021

New York is the most recent state to pass a State Labor Law that mandates employers provide sick leave to their employees. Regardless of size, companies must provide sick leave to employees, allowing employees to accrue time based on the number of hours worked per week. Starting September 30, 2020 employees can start accruing paid sick leave, but employers do not have to allow the use of this time until January 1, 2021.

Click here and visit the New York State Senate website to learn about the details of bill Section 196-B recently passed

In summary, the new law will mandate:

  • Employers with 4 or less employees: 1 hour of unpaid sick leave is accrued for every 30 hours worked. Employees can accrue up to 40 hours of unpaid sick leave each year, if the employer reports a net income of more than $1 million the previous year, the leave must be paid.
  • Employers with 5-99 employees: 1 hour of paid sick leave is accrued for every 30 hours worked. Employees can accrue up to 40 hours of paid sick leave each year.
  • Employers with 100 or more employees: 1 hour of paid sick leave is accrued for every 30 hours worked. Employees can accrue up to 56 hours of paid sick leave each year.

This new sick leave is not only to be used for sick usage but also as a safe leave, including mental or physical illness, injury or health condition of an employee or the employee’s family member. The leave is available for the following reasons:

  • Mental of physical illness, injury or health condition, regardless of whether that condition has been diagnosed or requires medical care
  • The diagnosis, care or treatment of a mental or physical illness, injury or health condition or need for medical diagnosis or preventative care
  • Absences from work due to domestic violence, a family offense, sexual offense, stalking or human trafficking of an employee or employee’s family member

Employers should contact their labor law attorney or Human Resources staff if they have any questions or concerns regarding this new policy.

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