, which would “establish[] rules and regulations for Sick Leave as set forth by . . . the [NYLL]” if and when adopted. While the Department has yet to formally publish notice of the Proposed Regulations in the New York Administrative Register and commence the comment period, here are the highlights from the Proposed Regulations posted on the NYDOL website.
Documentation: Unlike the NYSPSL law and non-binding administrative guidance, the Proposed Regulations contain provisions on an employer’s ability to “require medical or other verification in connection with sick leave.”
Length of Absence Required: Specifically, such verification may
not be requested for PSL use that is less than three consecutive previously scheduled workdays or shifts. Said another way, the verification can
Proposed Paid Sick Leave Law Regulations
As we previously
reported, New York State’s Paid Sick Leave Law (“PSLL”) went into effect on September 30, 2020. The PSLL requires all New York private employers to provide paid sick leave, which employees may begin using as of January 1, 2021. The amount of sick leave that employers must provide their employees annually depends on the employer’s size and income. On December 9, 2020, the NY Department of Labor published
proposed regulations clarifying a number of issues relating to the PSLL as summarized below.
Definitions
Defines several terms used in the PSLL, including “Confidential Information,” “Domestic Partner,” “Family Offense,” “Human Trafficking,” “Mental Illness,” “Net Income,” “Preventative Medical Care,” “Sexual offense,” and “Stalking.”
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New York State Proposes Paid Sick Leave Law Regulations and New York City Extends Deadline for Implementing Earned Sick Time Pay Stub Disclosures to January 1, 2021 Wednesday, December 16, 2020
Proposed Paid Sick Leave Law Regulations
As we previously reported, New York State’s Paid Sick Leave Law (“PSLL”) went into effect on September 30, 2020. The PSLL requires all New York private employers to provide paid sick leave, which employees may begin using as of January 1, 2021. The amount of sick leave that employers must provide their employees annually depends on the employer’s size and income. On December 9, 2020, the NY Department of Labor published proposed regulations clarifying a number of issues relating to the PSLL as summarized below.
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