Sick Leave Law

New Section 196-B of the Labor Law

Sick Leave Hours Required:

·       For an employer with four or fewer employees, and a net income of less than $1M: 40 hours unpaid sick leave

·       For an employer with four or fewer employees with a net income of $1M or more: 40 hours paid sick leave

·       For an employer with 5-99 employees: 40 hours of paid sick leave

·       For an employer with 100 or more employees: 56 hours of paid sick leave

·       Sick leave is to be paid at the employee’s rate of pay or current minimum wage, whichever is greater

Accrual:

·       Employees accrue sick leave at a rate of at least one hour for every 30 hours worked

·       Unused sick leave shall be carried over to following calendar year, but employers with fewer than 100 employees may limit use to 40 hours per year, and employers with 100 or more employees may limit use to 56 hours per year

·       Accrual will begin on the effective date, 180 days after the bill becomes law, but employers are not required to provide those sick leave hours until January 1, 2021

Reasons for Use of Sick Leave:

·       Employees may make oral or written leave requests for:

·       Mental or physical illness, injury or condition diagnosed or requiring medical care during the time of said leave

·       When the employee or their family is victim to domestic violence, a sexual offense, stalking or human trafficking, and to complete the following tasks related to such incidents:

o   To obtain services from a domestic violence shelter, rape crisis center or other services program

o   To participate in safety planning, relocation, or other actions to increase safety for the employee or their family member

o   To meet with an attorney or social services provider regarding any criminal or civil proceeding

o   To file a complaint or domestic incident with law enforcement

o   To meet with the District Attorney

o   Enroll children in a new school

o   Other necessary actions

Definition of a Family Member:

·       Employees child, spouse, domestic partner, parent, sibling, grandchild or grandparent

·       A child or parent of the employee’s spouse or domestic partner

·       “Parent” meaning biological, foster, step, adoptive or legal guardian, or anyone who stood in loco parentis (having parental rights) when the child was a minor

Additional Guidelines for Employers:

·       Employers may not require the disclosure of confidential information relating to any reason for sick leave use

·       Retaliation for use or request of sick leave is prohibited

·       Upon return from sick leave, employees shall be restored to their previously held position at the same pay and terms of their employment

·       Employers are required to provide summaries of the amount of sick leave accrued and used by an employee during the current or previous calendar year upon request from the employee, within 3 business days of such request

·       In addition to the payroll records already required to be maintained under section 195 of the labor law, employers must maintain records on the amount of sick leave provided to each employee in the same manner

·       There is no requirement for sick leave benefits to be paid out upon termination, resignation, retirement or any separation from employment

·       Nothing prevents employers from adopting policies with stronger benefits

Regarding Additional Sick Leave Laws and Agreements

·       New York City is not prohibited from enforcing stronger local laws regarding sick leave

·        Collective bargaining agents are permitted to negotiate terms and conditions related to sick leave different from this law