NYS Sick Leave

Are you in compliance with the changes in sick leave to be provided to employees?

A: Under a new revision to the New York State Labor Law,196-b, employers are now responsible for providing sick leave to their employees as follows:

  • employers with 4 or fewer employees in any calendar year, must provide each employee with up to 40 hours of unpaid sick leave in each calendar year

  • employers that employ 4 or fewer employees in any calendar year and that have a net income of greater than one million dollars in the previous tax year, must provide each employee with up to 40 hours of paid sick leave in each calendar year

  • employers with between 5 and 99 employees in any calendar year, must provide each employee with up to 40 hours of paid sick leave in each calendar year

  • employers with 100 or more employees in any calendar year, must provide each employee with up to 56 hours of paid sick leave in each calendar year

For more detailed information on this new law, please visit https://www.ny.gov/programs/new-york-paid-sick-leave.

Payment for time not actually worked, other than sick time, is not required unless the employer has established a policy to grant such pay. Holidays and vacations fall under this 'time not worked.' When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose.

Fringe benefits may include:

  • Reimbursement of expenses or tuition

  • Health coverage

  • Payment for:

    • Vacation

    • Personal leave

    • Holidays

Krista Loveless 14 February, 2021
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