Effective September 30, 2020, employees of all private employers in the State of New York shall begin to accrue sick leave, although they will have to wait until January 1, 2021 to start using it. The new law applies to all employees, whether they are full time, part-time, seasonal, or temporary.
Sick leave shall accrue at a rate of 1 hour for every 30 hours worked, and whether the sick leave is paid or unpaid and the maximum amount of sick leave for which an employee is eligible in a calendar year will depend on the size of the employer.
- Employers with 4 or fewer employees and a net income of $1 million or less must provide up to 40 hours of unpaid sick leave.
- Employers with 4 or fewer employees and a net income greater than $1 million must provide up to 40 hours of paid sick leave.
- Employers with 5 to 99 employees must provide up to 40 hours of paid sick leave, regardless of the company’s net income.
- Employers with 100 or more employees must provide up to 56 hours of paid sick leave.
Employees may use sick leave for any mental or physical illness, injury or health condition of the employee or their family member, regardless of whether the illness has been diagnosed or requires immediate medical care. Sick leave may also be used when an employee or a family member has been the victim of domestic violence, a family offense, sexual offense, stalking or human trafficking.
Employers may set a minimum increment at which leave must be used, but the minimum may not exceed 4 hours. Unused sick leave must carry over to the following calendar year, however, employers may put a cap on annual usage of the leave. In addition, employers do not have to pay employees for any unused sick time upon separation.
Employers should review their paid time-off and/or sick leave polices to ensure they are in compliance with the new law, which may be read in its entirety here.
If you have questions, please contact one of our HR Consultants at 1-888-622-6460.