New Statewide Mandatory Sick Leave For New York Employers Effective September 2020 Requiring Sick Leave Which Can Be Taken Starting January 2021
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Little noticed in the recently-enacted legislation which provides for sick leave to employees directly affected by the Coronavirus, described in our previous alert, New York also took the opportunity to enact legislation which will require next year that all New York employers of any size throughout the state offer mandatory sick leave to all employees for any illness or health condition. Previously, sick leave was only required in New York City and Westchester County.
Under the new law enacted March 18, but not effective until September 14, 2020, all New York employers of any size must provide the following sick leave, which can be taken starting January 1, 2021, for any illness, injury or health condition of the employee or a family member. Employees accrue sick leave at a rate of one hour per 30 hours worked, with such accrual starting when the law takes effect on September 14, 2020, or at the commencement of employment, whichever is later.
New Statewide Sick Leave:
| Employer Size | Required Sick Leave | Limit on Hours that Can Be Used Each Year (including carry-over hours) |
| 4 or less employees, and net annual income less than $1 million | Up to 40 hours of unpaid sick leave | 40 hours |
| 4 or less employees, and net annual income greater than $1 million | Up to 40 hours of paid sick leave | 40 hours |
| 5-99 employees | Up to 40 hours of paid sick leave | 40 hours |
| 100 or more employees | Up to 56 hours of paid sick leave | 56 hours |
Employers are not required to, but may elect to, a) pay employees for unused sick leave when they leave the company, and/or b) front-load sick leave by making the full year of leave available at the beginning of the year.
Employers cannot terminate an employee for requesting or taking such leave, and upon the employee’s return to work, the employer must restore the employee to their prior position.
These new state-wide requirements supplement the requirements already in place for New York City and Westchester County employers.