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April 13, 2020

New York Enacts Mandatory Paid Sick Leave Bill

As the law firm Kelley-Drye reports, the New York legislature has passed and Gov. Andrew Cuomo (D) has signed a bill that will require businesses in the state offer paid sick leave to workers. The legislation—which was proposed before the COVID-19 pandemic hit—will take effect on Sept. 20, 2020. The program requires different amounts of leave based on employer size and revenue:

  • 0-4 employees: 40 hours unpaid sick leave each year
  • 0-4 employees and net income of $1 million: 40 hours paid sick leave each year
  • 5-99 employees: 40 hours paid sick leave each year
  • 100 or more employees: 56 hours of paid sick leave each year

Employees will accrue sick leave at a rate of (not less than) one hour for every 30 hours worked, and will receive the greater of “regular rate of pay,” or the applicable minimum wage. Accrual will begin at the later of September 30, 2020, or an employee’s first day of employment. The leave can begin to be used Jan. 1, 2021 for any of the following reasons:

  • An employee’s or employee’s family member’s mental or physical illness, injury, or health condition (whether diagnosed or not);
  • An employee or employee’s family members diagnosis, care or treatment of a mental or physical illness, injury or health condition; and
  • An absence from work when the employee or employee’s family member has been the victim of domestic violence, a family offense, sexual offense, stalking or human trafficking.

Click here for Kelley-Drye’s full explanation of the legislation.