N.Y. State Paid Sick Leave Law update

Staff reports

The Yates County Chamber of Commerce reminds employers and workers that on April 3, 2020, Governor Andrew Cuomo signed legislation establishing the right to paid leave for New Yorkers. New York’s paid sick leave law requires employers with five or more employees or net income of more than $1 million to provide paid sick leave to employees and for employers with fewer than five employees and a net income of $1 million or less to provide unpaid sick leave to employees.

This new law is in addition to the New York State provisions already in effect providing emergency paid sick time due to COVID-19.

On Sept. 30, 2020, covered employees in New York State began to accrue leave at a rate of one hour for every 30 hours worked. As of January 1, 2021, employees may start using accrued leave.

Amount of Leave

Employees will receive an amount of sick leave depending on the size of their employer:  

• Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year. 

• Employers with five to 99 employees must provide up to 40 hours of paid sick leave per calendar year. 

• Employers with four or fewer employees and net income of greater than $1 million in the previous tax year are required to provide up to 40 hours of paid sick leave per calendar year. 

• Employers with four or fewer employees and net income is $1 million or less in the previous tax year are required to provide up to 40 hours of unpaid sick leave per calendar year.

For counting employees, small employers with four or fewer employees and who reported a net income of $1 million or less do not need to pay their employees sick leave, but must provide the additional allotted leave time. Note: “calendar year” means the 12-month period from Jan. 1 to Dec. 31. For other purposes, including use and accrual of leave, employers may set a calendar year to mean any 12-month period.

See more at www.ny.gov/programs/new-york-paid-sick-leave