Reminder: New York State Paid Sick Leave Effective September 30

Fox Rothschild LLP

Fox Rothschild LLP

All New York employers should be mindful that the State’s new paid sick leave law goes into effect on September 30, 2020. Employees begin accruing sick leave on September 30, 2020, at a rate of one hour of sick leave for every 30 hours worked up to a maximum amount of sick leave per year (unless an employer decides to frontload the leave). However, employees are not entitled to use any accrued sick leave pursuant to this law until January 1, 2021.

The amount of sick leave that an employer is required to provide and whether it must be paid depends on the number of employees and, in certain, limited circumstances, the employer’s net income. Employers are required to ensure that their payroll records show the amount of sick leave provided to each employee.

The New York State Department of Labor is expected to promulgate regulations and issue guidance in the near future that will answer many unresolved questions that employers may have. In the meantime, employers are urged to review the statute’s requirements and ensure that their policies are compliant. Employers located in jurisdictions with existing municipal paid safe and sick leave laws, like New York City and Westchester County, should be mindful of the differences between State and municipal paid leave law requirements and ensure compliance with all applicable laws.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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