Monday, December 14, 2020
New York State recently enacted a paid sick and safe leave law under which employees may start taking paid leave as of Jan. 1, 2021. New York City has had, since 2014, its own paid sick and safe leave law (New York City Earned Safe and Sick Time Act). Thus, employers in New York City must now comply with both laws. Although there were several differences between the laws, the New York City law was recently amended to eliminate some of these differences; however, other differences remain.
The city law was modified with regard to the amount of sick leave to which employees are entitled so as to be consistent with the state law. Now, under both laws, employers with 100 or more employees must provide up to 56 hours of paid sick and safe leave per calendar year, employers with 5-99 employees must provide up to 40 hours of paid sick and safe leave per calendar year, and employers with 4 employees or less must provide paid sick and safe leave if the employer’s net income is greater than $1 million or unpaid sick and safe leave if net income is $1 million or less. In addition, the city law was revised to accord with the state law so that there is no longer a 120-day waiting period before employees may use their accrued sick time; rather it may be used as soon as it is accrued (subject to the permitted four hour minimum if the employer implements that minimum). Other changes are discussed below.