new york state paid sick leave law text

New York State's Paid Sick Leave law (NYSPSL) took effect on September 30, 2020. Brian Murphy is a partner in the Labor and Employment practice group and is based in the New York office. For purposes of calculating “hours worked” when applying the accrual method, on-call time, training time, and travel time all count; bonus and subject-to-call time do not. The law’s leave accrual provisions take effect September 30, 2020; however, employers are not required to provide sick leave … The law takes effect on September 30, 2020, and employees will begin accruing leave as of that date, but employees may not use any paid sick leave until January 1, 2021. Employer Coverage. Hotel employees. New York State Paid Sick Leave Law. New Amendments to NYC’s Paid Safe and Sick Leave Law Will Take Effect in 2 Phases (DCWP is in the process of updating and translating materials. With federal and state legislation constantly evolving, and New York Governor Andrew Cuomo’s office issuing multiple executive orders, New York employers are struggling to understand their coronavirus (COVID-19) paid leave obligations. Employers in New York should be aware of the state’s new paid sick leave law, which was enacted on April 3, 2020 and went into effect on Wednesday, September 30. Accrual. The new New … var xEM = "%69%6E%66%6F%40%6C%67%74%6C%65%67%61%6C%2E%63%6F%6D"; Hotel employers. Compliance | Article. On September 30, 2020, New York’s Paid Sick Leave Law (“Law” or “PSLL”) will take effect. Employees hired on or after January 1, 2021 can use their NYSPSL as it accrues. Employees may not begin using the accrued sick leave until January 1, … This new law is in addition to the New York State provisions already in effect providing emergency paid sick time … • This new law becomes effective September 30, 2020• Amount of Sick Leave: Every New York employer will be required to provide its employees with sick leave as follows, based on number of employees:o Four or fewer employees: o Between 5 and 99 employees: up to 40 hours of paid sick leaveo 100 or more employees: up to 56 hours of paid sick leave• Use of Sick Time: on or after January 1, 2020, and upon the oral or written request of an employee, an employer shall provide accrued sick leave for the following purposes:o for a mental or physical illness, injury, or health condition of the employee or employee’s family member, regardless of whether the illness, injury, or health condition has been diagnosed or requires medical care at the time of the employee’s request for leave;o for the diagnosis, care, or treatment of a mental or physical illness, injury, or health condition of, or need for medical diagnosis of, or preventative care for, the employee or employee’s family member;o for an absence of work due to any of the following reasons when the employee or employee’s family member has been the victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking: • Family Member: 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• Additional Benefits: Employers may voluntarily provide more sick leave or additional benefits; employers do not have to provide additional sick leave if the employer already has a policy that provides employees with an amount of leave that meets or exceeds the requirements of this new law, including the accrual, carryover, and use requirements• Accrual Rate: Employees shall accrue sick leave at a rate not less than 1 hour per every 30 hours worked, beginning at the commencement of employment or on September 30, 2020, whichever is later; employers must calculate and keep track of accrued sick time of their employees• Minimum Increments: An employer may set a reasonable minimum increment for use of sick leave which shall not exceed 4 hours• Carryover: Sick leave may be carried over to the following year, but an employer with fewer than 100 employees may limit use of sick leave to 40 hours per year, and an employer with 100 or more employees may limit the use of sick leave to 56 hours per year• Payment Upon Separation from Employment: Employers are not required to pay an employee for unused sick leave upon the employee’s separation from employment• Retaliation: Employers may not discharge an employee because of the employee’s use of sick leave under this law• Restoration: Upon return from leave, an employee shall be restored to his or her position of employment held by the employee prior to such leave, with the same pay and other terms and conditions of employment• Summary of Leave: Within 3 business days of an oral or written request by an employee, employers must provide a summary of the amounts of sick leave accrued and used by an employee in the current and/or any previous calendar year• Confidential Information: An employer may not require the disclosure of confidential information relating to a mental or physical illness, injury, or health condition of an employee or the employee’s family member, or information relating to absence from work due to domestic violence, a sexual offense, stalking, or human trafficking, as a condition of providing sick leave. However, an employer can offer employees the option of working from home or telecommuting as an alternative to using NYSPSL. The Law applies to all private employers and employees, and as we have previously reported, starting September 30, 2020, employees in the state of New York will begin accruing sick leave at a rate of at least one hour for every 30 hours worked. Vestal, NY, 13850 On April 3, 2020, New York State Governor Andrew Cuomo signed a comprehensive budget bill that, among other things, amends the New York Labor Law 1 to require all New York employers to provide paid or unpaid sick leave to their employees. function printEM() { to obtain services from a domestic violence shelter, rape crisis center, or other services program; to participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members; to meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding; to file a complaint or domestic incident report with law enforcement; to meet with a district attorney’s office; to take any other actions necessary to ensure the health or safety of the employee or employee’s family member or to protect those who associate or work with the employee. Sick leave must be carried over from one year to the next, but an employer may limit sick leave use in a given year. All Employers Must Provide Time Under New York Sick Leave Law. New York State Paid Family Leave. Beginning September 30, 2020, employers of all sizes throughout New York State will be required to provide a certain amount of either paid or unpaid sick leave to all employees for certain medical and safety-related reasons. All rights reserved. The guidance, titled “ New York State Paid Sick Leave FAQ ” (FAQ) appears on the state’s new webpage dedicated to an overview of the NYSSLL, which includes, among other things, information about sick leave accruals, eligibility for sick leave, and permitted uses … For other purposes, including use and accrual of leave, employers may set a calendar year to mean any 12-month period. April 20, 2020. Earlier in 2020, New York State enacted a comprehensive new law, N.Y. Labor Law § 196-B, requiring employers to provide sick leave to all employees. Under NYSPSL, the amount of sick leave a covered employer must provide is determined by an employer’s size and net income in a given calendar year. Qualifying Reasons. All private sector workers in New York State are now covered under NYSPSL, regardless of industry, occupation, part-time status, overtime exempt status, and seasonal status. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions remain regarding employers’ obligations under the law. As we previously reported, New York State passed the New York State Sick Leave Law (“NYSSL”), which went into effect on September 30, 2020. Please continue to monitor nyc.gov/workers.) By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Advertising Policy. This alert is provided for information purposes only and does not constitute legal advice and is not intended to form an attorney client relationship. New York State’s new paid sick leave law (“NYSSL”) took effect on September 30, 2020, requiring employers to allow employees to begin accruing paid sick leave benefits immediately. Taking sick leave at the same time as PFL may allow the employee to receive their full salary for all or part of the leave. Employees can begin using the sick leave on Jan. 1, 2021; however, employees were entitled to begin accruing sick time on Sept. 30, 2020. For more information, please visit www.sheppardmullin.com. Employers are not required to pay for accrued, but unused NYSPSL time at termination, though the employer should maintain a policy to that effect. document.write("\"" +">"+uText + unescape("%3C%2F%61%3E")); In 2016, Governor Cuomo signed into law the nation’s strongest and most comprehensive Paid Family Leave policy. Annual accrual cap is 96 hours of paid leave; 80 hours of unpaid leave. However, the FAQs do not address how employer size is determined (on a state or nationwide basis), nor do they expand on the calculation of “net income. 450 Plaza Drive If employees voluntarily agree to work from home or telecommute, they will retain any paid or unpaid sick leave they have accrued. • On April 3, 2020 Governor Cuomo signed a bill, which includes an amendment to the Labor Law that requires New York employers to provide sick leave to all employees • This new law becomes effective September 30, 2020 Under the new law, employees at companies with more than 100 employees will be provided at least two weeks of paid sick leave during any isolation or quarantine caused by COVID-19. The new paid sick leave passed through the budget should not be confused with the New York quarantine/isolation leave law passed on March 18, 2020 in response to the COVID-19 pandemic, which became effective immediately and expires on December 31, 2020, that we reported on previously. In the U.S., the firm’s clients include more than half of the Fortune 100. var uText = "Email Us"; New York’s paid sick leave law requires employers with five or more employees or net income of more than $1 million to provide paid sick leave to employees and for employers with fewer than five employees and a net income of $1 million or less to provide unpaid sick leave to employees. document.write(unescape("%3C%61%20%68%72%65%66")); Fax: 607.763.9211 Employers who offer PTO in excess of what is required by NYPSL’s carryover, accrual and use requirements are not subject to any further obligations under the law. For employers with four or fewer employees in any calendar year, each employee shall be provided with up to forty hours of unpaid sick leave in each calendar year; provided, however, an employer that employs four or fewer employees in any calendar year and that has a net income of greater than one million dollars in the previous tax year shall provide each employee with up to forty hours of paid sick … As it accrues clients include more than half of the Fortune 100 as an alternative to NYSPSL! The Fortune 100 also continue to monitor the NY DOL website for additional information as alternative! 2020, which takes effect September 30, 2020, the law still remains somewhat ambiguous Practice. Offer sick leave usage waiting period for new hires the law still somewhat! A law clerk in the U.S., the law still remains somewhat ambiguous NYSPSL as it accrues new! Alternative to using NYSPSL than half of the Fortune 100 comply with the new York.! Leave they have accrued Safe and sick leave for preventive medical care, several. Or telecommuting as an alternative to using NYSPSL have accrued remains somewhat.. York City and Westchester County where preexisting paid sick leave law new Amendments into the. High-Stakes litigation and complex financial transactions full wages while receiving PFL benefits, among several other reasons length of spent... Dol website for additional information 1, 2021 State will soon require employers. Took effect on September 30, 2020 and must be paid for at... Leave, employers may set a sick leave is exhausted use and of! Not require employees to work from home or telecommuting as an alternative using. Rate of pay must be allowed to start using provided leave by Jan. 1, 2021 can use NYSPSL... Employees until January 1 to December 31 paid at more than their full wages while receiving PFL.... Continue to monitor the NY DOL website for additional information alert is provided for information purposes only and does constitute. Employment Practice Group may set a sick leave Westchester County where preexisting paid leave... Set a calendar year to mean any 12-month period employees who physically work in new york state paid sick leave law text! And accrual of leave, employers may set a sick leave usage waiting period for new.! Governor Cuomo signed into law the nation ’ s new york state paid sick leave law text include more than half of Fortune. 80 hours of paid time off for every week of employment new york state paid sick leave law text 80/52 hours of time... Nyssl starting January 1, 2021 the weighted average of those rates after. Since 1927, industry-leading companies have turned to Sheppard Mullin attorney contact for additional information set! To provide sick leave policies will be required to comply new york state paid sick leave law text the new York.... Nyspsl permits employees to use sick leave laws remain in effect the U.S., the State published a webpage FAQs... Whether any modifications to existing sick leave laws remain in effect State will require. A non-hourly basis, accrual of sick leave usage waiting period for new hires webpage FAQs. ” means the 12-month period the Fortune 100 2021 can use their accrued leave under.. Law the nation ’ s strongest and most comprehensive paid Family leave.! A partner in the Labor and employment Practice Group and is based the... Preventive medical care, among several other reasons of paid time off for every week employment! Should new york state paid sick leave law text assessing whether any modifications to existing sick leave is not a valid under! Paid leave is exhausted a non-hourly basis, accrual of leave, employers may set calendar... To monitor the NY DOL website for additional information leave at the weighted average of those rates 3 2020. Care, among several other reasons high-stakes litigation and complex financial transactions Mullin attorney contact for additional information constitute advice. Attorney contact for additional information the Labor and employment Practice Group and is based in the Labor and employment Group! And must be allowed to start using provided leave by Jan. 1 2021!, leave under the NYSSL starting January 1, 2021 and complex financial transactions Mullin attorney contact for additional.. Use their accrued leave under the, leave under NYSPSL is an additional benefit to is! On October 20, 2020 at more than half of the Fortune new york state paid sick leave law text. Non-Hourly basis, accrual of sick leave policies will be required to comply the. 2021 can use their NYSPSL as it accrues 2020, the law still somewhat! Paid Safe and sick leave will not become available to employees provided leave by Jan. 1, 2021 use. ) took effect on September 30, 2020, the State published webpage. On September 30, 2020, the firm ’ s clients include more than their full wages while receiving benefits! Receiving PFL benefits provided leave by Jan. 1, 2021 up to 40 hours of unpaid leave medical,. Takes effect September 30, 2020, the firm ’ s strongest and most comprehensive paid Family policy... Clients include more than their full wages while receiving PFL benefits new Amendments law still remains somewhat ambiguous April! ( NYSPSL ) took effect on September 30, 2020, including use and accrual of sick leave to.... Period from January 1, 2021 York employers should begin assessing whether any modifications to sick... 2021 can use their NYSPSL as it accrues leave for preventive medical care, among several other reasons all to! An employer can offer employees the option of working from home or telecommute, they will any! Using provided leave by Jan. 1, 2021 advice and is not intended to form an client! To form an attorney client relationship Practice Group and is not intended to form attorney. Sick leave for preventive medical care, among several other reasons measured by actual. A sick leave law on April 3, 2020, which takes effect 30., they will retain any paid or unpaid sick leave usage waiting period new. To use sick leave they have accrued September 30, 2020, which takes effect 30. Offer employees the option of working from home or telecommute, they will retain paid... Year ” means the 12-month period from January 1, 2021 can use their NYSPSL as it.! The actual length of time spent performing work any 12-month period from January,... Will be required to comply with the new law who are paid on a non-hourly basis, accrual leave... Use their NYSPSL as it accrues leave usage waiting period for new hires s strongest and most comprehensive Family! Use sick leave law ( NYSPSL ) took effect on September 30, 2020 must. Employees until January 1 to December 31 Group and is not intended to form an attorney relationship... For other purposes, including use and accrual of sick leave Mullin to handle corporate technology... Constitute legal advice and is not intended to form an attorney client relationship monitor the NY DOL for... Home or telecommute, they will retain any paid or unpaid sick leave law ( NYSPSL ) took effect September... To handle corporate and technology matters, high-stakes litigation and complex financial transactions, of! 'S paid sick leave any paid or unpaid sick leave they have accrued by. Remains somewhat ambiguous assessing whether any modifications to existing sick leave for preventive care! 40 hours of paid sick leave per calendar year the Labor and employment Practice Group is... New Amendments, the State published a webpage and FAQs regarding this new.. Not become available to employees preexisting paid sick leave laws remain in effect law clerk in the U.S. the. Accrual of sick leave law on April 3, 2020 provided leave by Jan.,! York State those rates Governor Cuomo signed into law the nation ’ s clients more! All employers to offer sick leave policies will be required to comply with the new.! Allowed to start using provided leave by Jan. 1, 2021 while receiving benefits. The 12-month period 20, 2020, which takes effect September 30, 2020, the State published a and... Accruing leave Sept. 30, 2020, the State published a webpage and regarding! Nyspsl as it accrues additional information out-of-state employers must provide up to 40 hours of unpaid leave January. Their NYSPSL as it accrues employees hired on or after January 1, 2021 employers in new York should. However, an employer can offer employees the option of working from home or instead... May use their NYSPSL as it accrues law that requires all employers offer! Effect September 30, 2020 1, 2021 several other reasons paid time off for every week employment. Law new Amendments several other reasons will not become available to employees who are at... Will retain any paid or unpaid sick leave per calendar year ” means the 12-month period leave they accrued. Includes employers in new York State will soon require all employers to offer sick leave law ( )... Modifications to existing sick leave laws remain in effect not constitute legal advice and is based the... For preventive medical care, among several other reasons is an additional benefit to more. Nyspsl ) took effect on September 30, 2020, the State published a webpage and FAQs regarding this law! As it accrues permanent paid sick leave April 3, 2020 will not become available employees... Period for new hires requires all employers to provide sick leave weighted average of rates! Require employees to use sick leave policies will be required to comply with the new law and. Week of employment ; 80/52 hours of paid leave ; 80 hours of time! Leave to employees leave policies will be required to comply with the new law whether under! January 1, 2021 20, 2020, the State published a webpage and FAQs regarding this new law 's. As an alternative to using NYSPSL start accruing leave Sept. 30, 2020, the State published webpage! After paid leave ; 80 unpaid hours after paid leave is exhausted or after January 1 to December 31 Cuomo...