Sick leave in New York: 13 things to know about the new law
'01.10.2020'
Vita Popova
New York State has enacted a new law guaranteeing paid sick leave for most workers. About who it applies to, and in which case you can use sick leave, it is reported on the website syracuse.com.
A new sick leave law went into effect in New York on September 30. It requires all private employers in the state to provide their employees with sick leave of up to 40 or 56 hours a year, depending on the size of the business.
Below you will find answers to the 13 most important questions on this topic.
- Who Can Get Benefits?
The law, approved as part of the 2020 budget and signed into law by Governor Andrew Cuomo on April 3, applies to all employees of private companies, including employees of non-profit organizations.
- Does the law apply to part-time workers?
Yes. It doesn't matter if you work full-time or part-time.
- Does the law apply to civil servants?
No. The law does not apply to employees of government agencies.
- When can a sick leave be used?
Sick leave can be used to treat any mental or physical illness or injury to a worker or family member. In this case, it does not matter whether the disease was diagnosed or the employee requires medical assistance at the time of applying for a vacation.
- How does the law define family members?
According to this law, family members are: the employee's children, his / her spouse, partner, parents, brothers / sisters, grandparents, grandchildren, as well as children or parents of the spouse or partner.
- How many hours of sick leave can I get? Is it paid?
The number of hours you can take on sick leave and whether it is paid depends on the size of the business and the income of the employer.
- Employers with four or fewer employees and a net income of $ 1 million or less must provide up to 40 hours of unpaid sick leave.
- Employers with four or fewer employees and net income in excess of $ 1 million must set aside up to 40 hours of paid sick leave.
- Employers with five to 99 employees must provide up to 40 hours of paid leave, regardless of the company's net income.
- Employers with 100 or more employees must provide up to 56 hours of paid leave.
- How is sick leave accrued?
Employees are entitled to sick leave at the rate of one hour for every 30 hours worked.
- How are sick days accumulated and when can workers use them?
Sick days started to accumulate from September 30, 2020. Employees will be able to start using them from January 1, 2021.
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- Are unused sick days canceled?
If you have not managed to use your sick days this year, they will be rescheduled for the next year.
- Does the employer have to pay for unused sick days when an employee quits?
No, they shouldn't.
- Is it possible to fire an employee for using sick leave?
No. The law prohibits employers from firing, threatening, punishing, or in any other way discriminating against an employee for asking for or taking advantage of sick leave. When an employee returns from sick leave, he must be reinstated in the position he held prior to that vacation.
- Can an employer require employees to provide a doctor's certificate?
No. The employer must authorize employees to take sick leave upon the employee's oral or written statement. The law prohibits employers from requiring a doctor's certificate or disclosure of confidential information regarding any mental or physical illness, injury, or health condition of an employee or employee's family members.
- Many employers offer "paid leave" that can be used like vacation or sick leave. Does the PTO qualify for Sick leave Act?
Yes, PTO (Scheduled Weekend or Personal Holiday) counts sick time even if it doubles as vacation time.
