New York Sick Leave laws & compensation compliance analysis

New York Sick Leave: What you need to know

On April 3, 2020, Governor Andrew Cuomo signed into law the Budget Bill (Senate Bill S7506B), which includes a provision that amends the New York Labor Law (Sec. 196-b) to require all employers to provide annual sick leave to their employees, and the majority of this sick leave (PSL) must be paid. This Paid Sick Leave Law (PSLL) is in addition to the mandatory PSLL enacted on March 18, 2020, in response to COVID-19.
The additional provisions of the April 3 PSLL will become effective on September 30, 2020, and employees will begin accruing leave on that date. Employees may not begin to use accrued leave until January 1, 2021.
Amount of leave. The amount of leave an employer is required to provide varies based on the size of the employer’s workforce in any calendar year and the amount of net income in the previous tax year.
Specifically, the law provides that:
• Employers with 4 or fewer employees and a net income of $1 million or less in the previous tax year are required to provide 40 hours of unpaid sick leave per calendar year.
• Employers with 4 or fewer employees and a net income of greater than $1 million in the previous tax year are required to provide 40 hours of paid sick leave per calendar year.
• Employers with 5 to 99 employees must provide 40 hours of paid sick leave per calendar year.
• Employers with 100 or more employees must provide 56 hours of paid sick leave per calendar year.
For the purposes of calculating the number of employees, a “calendar year” is defined as the 12-month period from January 1 through December 31. For the purposes of using and accruing leave, a “calendar year” means either January 1 ...

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New York Sick Leave Resources

Type Title
Forms Paid Time Off (PTO)
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