New York Sick Leave Effective September 30, 2020

The New York Sick Leave Law, effective September 30, 2020, amends the New York Labor Law by adding Section 196-b, mandating that many New York employers provide paid sick leave (SB 7506B, Part J)[1].  Specifically, employees may start to accrue sick leave starting September 30, 2020, and may use the accrued sick leave starting January 1, 2021.  Here are some main points about New York Sick Leave, which takes effect September 30, 2020:

• The amount of sick leave and whether it is paid or unpaid depends on the employer size and net income:[2]
  • Employers with 4 or fewer employees in a calendar year and a net income of $1 million or less in the previous tax year must provide each employee with at least 40 hours of unpaid sick leave each calendar year.
  • Employers with 4 or fewer employees in any calendar year and a net income of more than $1 million in the previous tax year must provide each employee with at least 40 hours of paid sick leave each calendar year.
  • Employers with between 5 and 99 employees in any calendar year must provide each employee with at least 40 hours of paid sick leave each calendar year.
  • Employers with 100 or more employees in any calendar year must provide each employee with at least 56 hours of paid sick leave each calendar year.

• Employees shall accrue sick leave at a rate of one hour for every 30 hours worked; however, an employer can choose to front load the total amount sick leave at the beginning of the calendar year.[3]
• Permitted use for safe and sick leave can include, but is not limited to, to reasons such as a mental or physical illness, injury or health condition of an employee or the employee’s family member.[4]

If you are an employee and have questions about this law, or feel you are a victim of discrimination, harassment or retaliation or you are not being paid properly for all of your work hours, or have any questions regarding your rights with respect to your employment, please contact Borrelli & Associates, P.L.L.C. immediately to schedule a consultation.

[1] New York State FY 2021 budget Legislation, which was enacted and will be effective September 30, 2020 https://nyassembly.gov/2020budget/2020budget/A9506b.pdf

[2] Id.

[3] Id.

[4] Id.