New Sick Leave Requirements for Employers — Included in Final State Budget

April 2, 2020

4/2/2020 

New Sick Leave Requirements for Employers  — Included in Final State Budget

Beyond the current new labor law requirements relative to Covid-19 or or Corona virus the State Budget included new sick leave requirements.   We have embedded an update and a copy of the relevant section of the Budget.

State Sick Leave Requirements

Every employer is required to provide its employees with sick leave as follows:

·     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

·     For employers with four or fewer employees in any calendar year with a net income of greater than one million dollars in the previous tax year will provide each employee with up to 40 hours of paid sick leave.

·     For employers with between five and ninety- nine employees in any calendar year, each employee shall be provided with up to forty hours of paid sick leave in each calendar year

·     For employers with one hundred or more employees in any calendar year, each employee shall be provided with up to fifty-six hours of paid sick leave each calendar year

A calendar year is defined as twelve months starting January 1^st and ending December 31^st. Also, nothing in this section prohibits or prevents an employer from providing an amount of sick leave, paid or unpaid, in excess of the requirements in this section or from adopting a paid sick leave policy that provides additional benefits to employees.

         An employer may decide to provide its employees with the total amount of sick leave required to fulfill the obligations under this section at the beginning of the calendar year as long as no employer may be permitted to reduce or revoke any such sick leave based on the number of hours actually worked by an employee during the calendar year.

         Employees shall accrue sick leave at a rate of not less than one hour per every thirty hours worked, beginning at the commencement of employment or the effective date of this section, whichever is later, subject to the use and accrual limitations set forth in this section.

         On and after January 1st, 2021 and upon oral or written request of an employee, an employer shall provide accrued sick leave for the following purposes:

·     For mental or physical illness, injury, or health condition of such employee or employee’s family member, regardless of whether such illness, injury, or health condition has been diagnosed or requires medical care at the time that the employee requests the leave.

·     For the diagnosis, care, or treatment of mental or physical illness, injury or health condition, or need for medical diagnosis, or preventative care for, an employee or an employee’s family member.

·     For an absence from work due to any of the following reasons when the employee or employee’s family member has been the victim of domestic violence pursuant to subdivision 34 of section 292 of the executive law, a family offense, sexual offense, stalking, or human trafficking:

o   To obtain services from a domestic violence shelter, rape crisis center, or other services program;

o   To participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or the employee’s family members;

o   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;

o   To file a complaint or domestic incident report with law enforcement.

o   To meet with district attorney’s office;