New York: Permanent Statewide Paid Sick Leave to Follow Emergency Provisions
All Employers with NY Employees
September 30, 2020
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In response to the global pandemic, the state of New York implemented emergency paid sick leave provisions. On April 3, 2020, Governor Andrew Cuomo signed into law the 2021 fiscal year budget, inclusive of a new bill that enacts a permanent statewide sick leave program, effective later this year.
- Effective Date: September 30, 2020
- Covered Employees: All New York employees of an employer.
- Employers: All private employers.
- Exemptions: Employees subject to a valid collective bargaining agreement entered on or after September 30, 2020, that provides a comparable benefit.
- Leave Amounts:
- Rate: One hour of paid sick leave per 30 hours worked beginning on the date of hire after the effective date of the Act, or as of the effective date of the Act for existing employees.
- Cap: The amount and type of sick leave offered depends on employer size and income:
|Employee headcount in any calendar year||Net Income During Previous Tax Year||Sick Leave Amount|
|Fewer than four employee||$1 million or less||40 hours unpaid sick leave|
|Fewer than four employees||Greater than $1 million||40 hours paid sick leave|
|5 – 99 employees||N/A||40 hours paid sick leave|
|100 or more employees||N/A||56 hours paid sick leave|
- Carryover: Accrued unused sick leave carries over the following year.
- Rate of pay: Sick leave must be provided at the employee’s regular rate of pay or the applicable minimum wage, whichever is greater.
- Employers may require employees to wait until January 1, 2021 to begin using sick leave benefits.
- Annual use: employers of fewer than 100 employee may limit annual usage of sick leave to 40 hours per calendar year, or 56 hours for employers of 100 or more.
- Minimum increments: employers may require employees to use sick leave in reasonable minimum increments, not to exceed four hours.
- Annual Payout: Sick leave is not required to be paid out upon separation of employment.
- Frontload: Employers may choose to frontload paid sick leave.
- Recordkeeping Requirements: Employers must retain documentation of hours worked and earned paid sick leave taken for a period of six years. Employees may request a summary of their sick leave accrual and usage, which must be provided within three business days of the oral or written request.
Note that the new statewide sick leave program does not preempt local ordinances, such as Westchester County or New York City’s sick time ordinances.
- Review the text of the bill here at page 41.
- Prepare for implementation of the new sick leave requirements, including having employee handbooks, policies, and payroll practices updated.
- Have managers trained on paid sick leave use requirements.
- Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2020 ManagEase
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