ABC Members,
As you know, as part of the fiscal year 2020-2021 budget, New York State passed a Paid Sick Leave Law that kicked in on September 30, 2020.
The law requires all New York state employers, depending on the size of the company, to provide paid sick leave to employees. The amount of leave you are mandated to provide is dependent on the number of employees in your company.
Here are the 11 things workers need to know as benefit kicks in:
Who does the law benefit?
The law, approved by lawmakers as part of the 2020 budget and signed by Gov. Andrew Cuomo April 3, applies to all workers at private employers, including nonprofit organizations.
When does the sick leave begun accruing and when can workers start using it?
It begins accruing today (Sept. 30, 2020) and workers can start using it Jan. 1, 2021.
How many hours of sick leave do people get? Is it paid or unpaid?
The amount of sick time and whether it is paid or unpaid depend on an employer’s size and income:
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Employers with four or fewer employees and a net income of $1 million or less must provide up to 40 hours of unpaid sick time.
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Employers with four or fewer employees and a net income greater than $1 million must provide up to 40 hours of paid sick time.
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Employers with five to 99 employees must provide up to 40 hours of paid sick time, regardless of the company’s net income.
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Employers with 100 or more workers must provide up to 56 hours of paid sick time.
How does the sick leave accrue?
Workers are entitled to accrue the sick time at a rate of one hour for every 30 hours worked.
Does the law apply to part-time workers, too?
Yes. Part-time or full-time, it doesn’t matter.
What types of things can the sick leave be used for?
The sick leave can be used for any mental or physical illness, injury or health condition of an employee or the employee’s family members, regardless of whether the condition has been diagnosed or requires medical care at the time the employee requests the leave.
How does the law define family members?
The law defines family members 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.
Do you start from scratch each year or can you carry over unused sick time?
The law requires employers to allow workers to carry over up to 40 or 56 hours of unused sick time to the following year.
Do employers have to pay you for unused sick days when you leave the company?
No, they don’t.
Can a worker be fired for using their sick leave benefits?
No. The law prohibits employers from firing, threatening, penalizing or in any other manner discriminating against an employee for requesting or using sick leave. When a worker returns from sick leave, they must be restored to the position they held prior to the leave.
Can an employer require workers to provide a doctor’s note?
No, employers must allow workers to utilize sick leave upon the employee’s oral or written request. The law bars employers from requiring a doctor’s note or the disclosure of confidential information relating to any mental or physical illness, injury or health condition of an employee or the employee’s family members.
Please know we’ll have webinars out soon that will further clarify the steps you’ll need to take to keep your company safe from the clutches of an overzealous government.
We stand ready to assist you with any questions or concerns.
