New York Law Guaranteeing Paid Sick Leave Goes Into Effect Soon

NEW YORK STATE — A new state law that guarantees paid sick leave for all employees in New York is going into effect at the end of the month. And it applies to both full-time and part-time employees.

The law was passed earlier this year as part of the state's 2020-21 budget. It guarantees at least 40 hours of paid sick leave for employees in New York, and varies based on how many employees the business has.

Businesses with five to 99 employees must be given up to 40 hours of paid sick leave every year. Businesses with 100 or more employees must provide up to 56 hours of paid sick leave.

Companies with four or fewer employees still need to provide up to 40 hours of sick leave, but it can be unpaid. However, if the small company has a net income of more than $1 million, the sick leave must be paid. It goes into effect on Sept. 30.

According to the law, employers also have to allow employees to carry over their unused sick time to the following year. However, they do not have to pay out that unused time if the employee quits.

The law is a minimum: employers may offer more generous sick leave policies if they desire.

A second portion of the law detailing what an employer must allow an employee to take sick leave for goes into effect on Jan. 1, 2021. It includes:

• Mental or physical illness, injury, or health condition of the employee or a family member.
• Diagnosis, care and treatment of any illness, injury or health condition of the employee or a family member.
• An absence from work due to the employee or a family member being a victim of domestic violence.
• To get services from a domestic violence shelter, rape crisis center or other program.
• To participate in safety planning, relocation or other actions for the safety of the employee or their family.
• To meet with an attorney or other social services provider for any criminal or civil proceeding.
• To file a police report.
• To meet with the district attorney's office.
• To enroll a child in school.
• To take any other actions to ensure the health and safety of the employee or their family.