
Howard D. Bader
Partner
212-784-6926 hbader@sh-law.comFirm Insights
Author: Howard D. Bader
Date: November 6, 2020
Partner
212-784-6926 hbader@sh-law.comNew York State’s paid sick leave law took effect on September 30, 2020. Employees must now begin accruing paid sick leave benefits and may begin taking leave on January 1, 2021.
The New York State Paid Sick Leave Law requires employers with five or more employees to provide their employees with paid sick and safe leave. Businesses with fewer than five employees and a net income of $1 million or less must provide unpaid sick and safe leave to employees. The amount of leave employers must provide per calendar year is dependent on the size of the employer:
Leave must be accrued at a rate of not less than one hour for every thirty hours worked. Once sick leave is accrued, employers may take leave for the following reasons impacting the employee or a member of their family for whom they are providing care or assistance with care:
Sick Leave
Safe Leave
For an absence from work when the employee or employee’s family member has been the victim of domestic violence as defined by the State Human Rights Law, a family offense, sexual offense, stalking, or human trafficking due to any of the following as it relates to the domestic violence, family offense, sexual offense, stalking, or human trafficking:
To help New York employers with their compliance efforts, the New York Department of Labor (NYDOL) recently published answers to frequently asked questions (FAQs). Below are a few key takeaways:
We encourage all New York employers to thoroughly review the FAQs and contact experienced employment counsel with any compliance questions. Employers should also verify that eligible employees are now accruing leave and that procedures are in place to track the accruals. Finally, employers should also take steps to incorporate the NYSSL’s requirements into their leave policies.
If you have any questions or if you would like to discuss the matter further, please contact me, Howard Bader, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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