Employers must soon begin keeping records of accrued hours under New York State’s paid sick leave law. Employees can’t use the leave until 2021.
New York State last spring enacted a new paid sick leave law that goes into effect Sept. 30, 2020.
Employers should note that while employees begin accruing paid sick leave on that date, workers may not begin using the accrued time off until Jan. 1, 2021. New employees who are hired after Sept. 30 will begin accruing paid sick leave at the start of their employment.
Paid Sick Leave in New York State
Signed into law April 3, New York’s paid sick leave law has different requirements based on an employer’s number of workers.
Large employers (100 or more workers): 56 hours of paid sick leave per year
Small employers (5-99 workers): 40 hours of paid sick leave per year
Safe leave to deal with domestic violence, human trafficking or sexual offenses
Meanwhile, family member is defined as child, parent, spouse, grandchild, grandparent and sibling, and includes domestic partners and their respective family members. Also, parent can be biological, adoptive, foster, legal guardian and those who acted as the parent when the child was a minor.
Paid Sick Leave and the Coronavirus
While New York State did implement a temporary paid sick leave measure to combat the impacts of the coronavirus, the legislation discussed above will be permanent.
Still, the effects of COVID-19 have already begun impacting paid leave laws. Many jurisdictions have tweaked existing laws to cover public health emergencies. And Colorado recently passed a new paid sick leave law that includes additional paid time off in the event of a coronavirus-like emergency.
The pandemic has prompted lawmakers to highlight the need for paid leave legislation. But before that, jurisdictions at all levels of government had begun passing paid leave laws.
With the varying requirements for use, waiting periods, covered reasons and more, paid leave laws have become increasingly difficult to manage across state, county and city borders.
As the U.S. continues to work through the COVID-19 pandemic, it will be interesting to see how new paid leave legislation is crafted and whether there will be a tide of changes to existing laws to cover public health emergencies.
This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.
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