New York Sick Leave laws & HR compliance analysis

New York Sick Leave: What you need to know

On March 12, 2021, Governor Andrew Cuomo signed legislation providing all public and private employees in New York with "a sufficient period of time,” not to exceed 4 hours, of paid leave per each COVID-19 vaccine injection.
The new law adds Section 159-c to the New York Civil Service Law and Section 196-c to the New York Labor Law. These new provisions establish that employers cannot require employees to use any other leave type to which they might already be entitled, such as paid sick leave or vacation leave. Leave taken under the new law must be paid at the employees' regular rate of pay.
The law is effective from March 12, 2021, through December 31, 2022.
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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 ...

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