Paid sick leave in New York: what state and city residents are entitled to

The New York State Paid Sick Leave Act (NYSPSL) and the New York City Paid Safe Sick Leave Act (ESSTA) amendments expanding employee eligibility for paid sick leave effective January 1, 2021 and are effective half year already. What are these rules and what are New Yorkers entitled to, the publication said. Nat Law Review.

According to NYSPSL and ESSTA, sick leave is determined by company size and net income in a given calendar year:

• Employers with 4 or fewer employees and net income of less than $ 1 million must provide at least 40 hours of unpaid sick leave per calendar year;
• Employers with 5-99 employees and employers with 4 or fewer employees and net income of more than $ 1 million must provide at least 40 hours of paid sick leave per calendar year;
• Employers with 100 or more employees must provide at least 56 hours of paid sick leave per calendar year.

Vacation entitlement documentation

Employers are prohibited from demanding from employees providing "medical or other evidence in connection with sick leavethat lasts less than three consecutive previously scheduled work days or shifts. " Please note that under the ESSTA, employers must wait until the third day of safe and sick leave to request documentation.

Employers are prohibited from demanding from employees payment of any costs or feesrelated to obtaining medical records. This is also provided by ESSTA.

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Employers are prohibited from demanding from an employee providing confidential information, including the nature of the disease, its prognosis, treatment, or other related information. In addition, an employer cannot require an employee to disclose any details or information about NYSPSL leave.

Except where prohibited by law, the employer can ask the employee for documentation confirming his eligibility for sick leaveif the employee takes vacation for three or more consecutive and previously planned work days or shifts.

Requests for documentation are limited to evidence from a licensed health care provider confirming that sick leave is required, the amount of sick leave required and the date the employee can return to work; or an employee's certificate of eligibility for sick leave.

Counting employees

The number of employees during a calendar year is determined by counting the largest total number of employees working simultaneously at any time during the calendar year up to the present.

For employers increasing the number of employees during a calendar year above any of the relevant NYSPSL thresholds:

• Accrual of additional required leave is anticipated from the date of the increase and does not entitle employees to compensation for previously used unpaid leave or to take leave in excess of the maximum amount required by the NYSPSL;
• Previous accruals of used and unused paid leave and used unpaid leave for the calendar year may be credited by the employer against any NYSPSL Extended Leave Obligations. Employers cannot set off previous accruals of unused unpaid leave against paid leave obligations;
• Employees must maintain any accumulated paid and unpaid sick leave despite the increase in the number of employees during the calendar year.

Employers are prohibited from reducing vacation pay based on the reduction in the number of employees until the next calendar year.

Employers should consider employees on paid or unpaid leave, including sick leave, disciplinary suspension, or any other type of temporary absence, provided the employer has an expectation that the employee will later return to active work. If there is no employment relationship (for example, when an employee leaves temporarily or permanently), accounting is not required.

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Employers are required to treat part-time employees as working on each working day of the calendar week.

Employers are required to count employees who work together, regardless of whether they are on the employer's payroll.

Vacation accruals

When calculating time off, employees must take into account all hours worked, regardless of whether it was worked at least 30 hours. For companies, the law prescribes the rules on how the time off should be accrued in this case.

They can schedule the leave on an hourly basis or in shorter periods of time, but must ensure that the employee can, if desired, serve all the time off that is allotted to him.

To find out more about the New York State Paid Sick Leave Act (NYSPSL), go to link.

For more information on the New York City Paid Safe Sick Leave Act (ESSTA), visit this link.