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NYSDOL issues new paid sick leave guidance

November 2020 employment law letter
Authors: 
Paul J. Sweeney and Steven L. Foss, Coughlin & Gerhart, LLP

New York’s new “permanent” paid sick leave (PSL) law went into effect on September 30, and employees will be allowed to begin taking paid (or unpaid) leave on January 1, 2021. Until recently, the New York State Department of Labor (NYSDOL) has provided little guidance on the nuances of how the law operates. On October 21, the agency issued some guidance in the form of frequently asked questions (FAQ). While some questions were answered, many issues remain unresolved. Read on to make sure your company’s paid time off (PTO) policy is consistent with the new guidance.

PSL law recap

Effective January 1, employers must provide PSL to their employees at a rate of one hour for every 30 hours worked, paid at their “regular rate of pay.” Accruals began on September 30. There’s no waiting period for new employees. Unused PSL is carried over into the next year. The law provides for:

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