On April 3, 2020, Governor Cuomo signed into law the state budget (SB 7506B), which contained provisions to provide for paid sick leave for employees of most of the state’s employers. Written on the heels of several employment laws dealing with the COVID-19 pandemic, this law differs in that it is permanent. Employees begin accruing sick time beginning September 30, 2020. The number of hours the employees can accrue depends upon the number of employees and net income of the employer, but all paid sick leave will be earned at a rate of one hour per thirty worked.
What are employees entitled to?
- 100 or more employees must provide 56 paid sick hours per calendar year.
- Between five and 99 employees must provide 40 paid sick hours per calendar year.
- Four or fewer employees and a net income greater than $1M in the previous year must provide 40 hours per calendar year.
- A net income less than $1M in the previous year and four or fewer employees must provide 40 hours of unpaid sick leave.
Although employees will begin accruing paid sick leave September 30, the time cannot be used until January 1 2021. Employees can carry over the maximum amount earned in one year into the next, but are not entitled to use more than the same amount they have accrued in a single year. Employers have the option of offering a front-loaded amount at the beginning of the calendar year in lieu of an accrual. Employees can use sick leave for qualifying care relating to the care of oneself or family members as well as for domestic violence incidents.
While the legislation passed introduces paid sick leave to all of New York State, it does not preempt any existing city or municipal laws already in effect. New York City and Westchester County already have their own version of paid sick leave and employers must ensure they meet the minimum requirements of both their local laws and the state law.
How can we help?
Ace Workforce Technologies streamlines both the calculation and use of paid sick time with several easy to use tools:
- Automatic sick leave calculation by hours worked and time used
- Employee time off requests via employee self service (ESS)
- Leave accrual balances on pay statements
For more information on how Ace Workforce Technologies can help you comply with state paid sick leave laws, please contact your customer service representative or write us a note.