Confidential Information Protected
Employers may not require employees to disclose confidential information relating to their reason for requesting sick leave, as a condition of providing sick leave.
Employers may set a reasonable minimum increment of sick leave, not to exceed four (4) hours, that employees must use in any day they take sick leave.
Compensation for Sick Leave
Employees who are eligible for paid sick leave are entitled to receive their regular rate of pay or the applicable minimum wage, whichever is greater, when using paid sick leave.
Employers are not required to pay out any accrued and unused sick leave when the employee is terminated, resigns, retires or otherwise separates from employment.
Carry Over Permitted
Employees may carry over accrued and unused sick leave from one calendar year to the next. However, employers are not required to allow employees to use more than the maximum amount of sick leave (40 or 56 hours, depending on the size of the employer) in any one calendar year.
No Discrimination or Retaliation
Employers may not discriminate or retaliate against employees for exercising their rights under this sick leave law.
Other Leave Policies
Employers who have sick leave or time off policies that meet or exceed the requirements of this law are not required to provide any additional sick leave.
Employers with unionized employees may enter into collective bargaining agreements that provide comparable benefits in lieu of the leave provided by this law and may negotiate terms and conditions of sick leave different from the provisions of this law, provided that the agreement specifically acknowledges the sick leave law.
Sick leave under this law is job-protected. Employees who return from sick leave must be restored to the same position of employment they held before taking sick leave, with the same pay and other terms and conditions of employment.
Employers must, for six (6) years, keep payroll records that include records of employees' accrued and used sick days. Within three (3) business days of an employee's request, an employer must provide information regarding the employee's accrued and used sick leave in the current year and/or any previous year.
Interaction with Local Laws
This new law expressly provides that it does not diminish or limit any paid sick leave benefits provided under any city or county law. As such, employers in New York City and Westchester County may be required to compare the new state law to their local laws (the NYC Earned Safe and Sick Time Act, the Westchester Earned Sick Leave Law and the Westchester Safe Time Leave Law) to determine the applicable leave and benefits.
The effective date of this new sick leave law is September 30, 2020, which is 180 days from the date the law was signed. The NYS Department of Labor is expected to issue rules and regulations prior to the effective date.