NYS & NYC Paid Sick Leave Law have recently been amended. According to NYS Law, eligible employees may begin accruing sick leave as of September 30, 2020, but are not entitled to use any accrued sick leave pursuant to this law until January 1, 2021.
NYC Law Aligns with NY State Laws as it relates to:
Expanded sick leave responsibilities based on company size and net income
Sick leave usage and accrual requirement
Expanded coverage reasons
Provisions to protect employees from retaliation
New Requirements for NYC Employers
Note on employee paystubs every pay period the amounts of accrued, used, and total balance of sick leave.
Remove the 80-hour threshold for eligibility – suggest to check employee manual/current policy to remove this.
Reimburse employees for any fees associated with obtaining documentation (e.g., fees charged by medical providers)
“Pattern or practice” enforcement actions with expanded capabilities, including new subpoena and investigative powers
Notify the general policies changes to employees within 30 days (by Oct. 30, 2020).
What’s Next?
Confirm revenue statuses and company size to determine if your organization needs to expand sick leave responsibilities
Effective January 1, 2021:
Employers with 4 or fewer employees and a net income less than $1 million must provide at least 40 hours of unpaid sick leave per calendar year.
Employers with 5-99 employees and employers with 4 or fewer employees and a net income greater than $1 million must provide at least 40 hours of paid sick leave per calendar year.
Employers with 100 or more employees must provide up to 56 hours of paid leave.
Review employee manual/current policy to ensure it complies with new requirements and update accordingly if needed.
Notify employees by Oct. 30, 2020 regarding the policy changes.
Contact payroll admin to ensure they are tracking and show sick leave on each pay stub (or via another written communication each pay period).
For more information:
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