What You Need to Know about the New York State Paid Sick Leave Law

This past fall, the New York State Paid Sick Leave Law went into effect. Under the new law employers statewide must provide paid or unpaid sick leave to their employees.

New York City’s Earned Sick and Safe Time Act (ESSTA) already required city employers to provide paid or unpaid sick and safe time to employees. Following the passage of the statewide law, NYC Council passed a new bill to align the existing ESSTA with the new state law.

According to the state law, employers, depending on their size and net income, must provide 40 to 56 hours of paid leave to employees.

The law expands the protections offered to employees in New York City and Westchester County to people throughout the state. New York is the 13th state to mandate paid sick leave for employees. Washington D.C. does this as well. NYC and Westchester businesses must adjust their policies to meet the requirements of the state law if needed.

Employer Responsibilities Under the New Law

There is no waiting period to exercise the right for new employees. Employers must also document and report usage of leave by employees. Employees must be able to see information about the leave they’ve accrued and used on their pay statements. Employers were also required to provide written notice regarding the updates to the law. They must also post a notice in the workplace explaining the new policy.

Under certain circumstances, employers are entitled to ask for employees to provide documentation supporting their use of sick and safe leave. However, employers must reimburse employees for any costs associated with obtaining this documentation.

The law also prohibits employers from retaliating against employees for using their sick and safe leave. Employers cannot punish or perform any adverse action that affects employees or deters them from using their leave. A violation could result in significant fines.

Employees can carry over unused sick leave into the following calendar year.

The updated law is separate from New York City’s COVID-19 leave policy that has been in place since last spring. There is no word on how the laws overlap, nor how long the COVID policy will remain in place.

New York City’s ESSTA

The updates to New York City’s ESSTA law eliminates the requirement that an employee works a minimum of 80 hours, as well as the 120-day waiting period for newly hired employees.

Other changes include expansion of the definition of prohibited “adverse action” against employees exercising their right to time off

The city’s law was also amended to include the requirement of notice to employees about their accrued time on pay statements or another form of written documentation and to cover the cost of obtaining documentation from a doctor.

Did Your Employer Violate the New York State Paid Sick Leave Law?

The updated leave law has been in use for more than six months. Employees who did not qualify immediately for benefits were eligible as of January 2021. This means that all New York employees working for an employer who falls under the ESSTA must provide time off.

If your employer has denied you time off and/or compensation to which you are entitled, or they have denied you time off or retaliated against you for using the benefit, you might be eligible to file a claim. To discuss your situation or to speak to an attorney familiar with workplace rights, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.