New York passes permanent paid sick leave

April 2020 employment law letter

Authors:

Paul J. Sweeney, Coughlin & Gerhart, LLP

Not willing to pass on a crisis-fueled opportunity, the New York State Legislature snuck in and passed a permanent paid sick leave benefit as part of the 2020-2021 annual budget. Governor Andrew Cuomo signed the budget into law on April 3. This was the same “stealth” provision stripped out of the recent COVID-19 quarantine paid sick leave law, which provided a one-time paid sick leave benefit. Employers need to understand how the new law affects their current leave policies.

Overview

Effective date. The law will go into effect on September 30 (180 days from its enactment), with usage beginning on January 1, 2021.

Benefits. The new paid sick leave benefit, which also mandates a return to the position held and prohibits discrimination for use, varies based on the size of the employer:

Employers with four or fewer employees and net annual income of less than $1 million will provide up to 40 hours of unpaid sick leave.
Employers with four or fewer employees and net annual income of $1 million or more will provide up to 40 hours of paid sick leave.
Employers with five to 99 employees will provide up to 40 hours of paid sick leave.
Employees with 100 or more employees will provide up to 56 hours of paid sick leave.

Reasons. Reasons for taking paid sick leave include:

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