A new state law requires private companies in New York State to provide at least 40 hours of paid sick leave each year to all of their workers, even those who work part-time.
The new requirement for paid sick leave, similar to a measure that has been in place since 2014 in New York City, ensures that workers throughout the state benefit from this right when they or a family member are ill. It also prohibits companies from firing workers for taking sick leave.
Generally, companies in New York provide sick time for full-time employees, but not for part-time workers.
The Community Service Society, a New York City organization that advocates for low-income New Yorkers, estimates that the new law will benefit 1.3 million workers, many of them low-wage part-time employees.
The legislation was passed earlier this year as part of the 2020 state budget and signed into law by Governor Andrew Cuomo on April 3.
Anyone who works for a private company in New York State will have the right to begin accruing sick leave time beginning September 30, 2020 for use beginning January 1, 2021.
Private employers are required to provide up to 40 hours or 56 hours of sick leave per year, depending on the size of the employer:
Businesses with four or fewer employees and a net income of $ 1 million or less must provide 40 hours of sick time, but only in this case the leave will be unpaid.
Companies with four or fewer employees with a net income greater than $ 1 million must provide 40 hours of paid sick time.
Those companies with five to 99 employees must provide 40 hours of paid sick time, regardless of the net income of the company. And companies with 100 or more workers must provide up to 56 hours of paid sick time.
The new law does not contain exceptions for part-time, temporary, casual, student or seasonal employees, therefore, companies must update their existing sick leave policies to ensure they comply with the new law.
Workers are entitled to accrue sick time at the rate of one hour for every 30 hours worked, although companies can offer 40 or 56 hours of sick time for their workers at the beginning of the year if they wish.
Some companies provide employees with “paid time off” that can be used as vacation or sick time. Those hours count toward the sick time requirements of the law, but you must ensure that your policies also meet the accrual and transfer requirements required by law.
Companies must allow workers to carry over unused sick time (up to 40 or 56 hours) to the following year, but do not have to pay them for unused sick time after they leave employment.
Workers can use the leave in the event of suffering any illness, injury or mental or physical health condition, or, in the case of a member of the employee’s family, regardless of whether the illness has been diagnosed or requires immediate medical attention .
Additionally, sick time can be used when an employee or family member has been the victim of domestic violence, sex crime, stalking, or human trafficking.
Companies cannot require an employee to disclose details of their illness or medical documentation.
The District of Columbia, Arizona, California, Colorado, Connecticut, Massachusetts, Maryland, Michigan, New Jersey, Oregon, Rhode Island, Vermont and Washington have also adopted similar measures for the protection of workers.
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