New Paid Sick Leave For New Yorkers Begins January 1st
Over the course of my working career, I ve never used up my sick days. Most years I would catch a cold, but the most I d be out would be a day or two once or twice a year, but that was it.
That was until this year when I tested positive for Covid. Fortunately, my company does things a bit differently than past companies I ve worked for. We get PTO which stands for paid time off. It basically rolls in your sick days, vacation days and personal days all in together.
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States and municipalities continue to take action to fill in the gaps left by federal legislation providing leave, including for reasons related to the ongoing COVID-19 pandemic. New York, New Jersey, and the City of Philadelphia have taken such action in recent months by expanding the availability and use of sick leave under state law as well as related employee protections.
New York Paid Sick Leave Law
Starting in 2021, employees in the State of New York may take paid sick leave under New York’s new paid sick leave law. The new law enacted by New York state will allow employees working in New York to: (i) begin accruing paid sick leave as of September 30, 2020; and (ii) start taking paid sick leave on January 1, 2021. New York’s paid sick leave law applies to all private employers, and the cap on accrual varies based on the employer’s size and net income.
40 hours of paid sick leave
5-99 employees
100 or more employees
56 hours of paid sick leave
Sick leave must accrue at the rate of at least one hour for every 30 hours worked, and employers were obligated to begin accruals starting September 30, 2020. Employees can use sick leave for themselves or when providing care or assistance to a family member, as well as for safe leave when the need for leave is related to certain reasons related to the employee or the employee’s family member being a victim of domestic violence. Full details of the NYPSL are provided in our prior alert.