Under New York State’s Permanent Sick Leave Law or NYSPSL, a new legislation act, the New York companies must provide their employees with sick leave. Eligible employees may start accruing sick leave hours starting from September 30, 2020, but aren’t eligible to utilize any sick leave according to the law before January 1, 2021.
The number of sick leave days under NYSPSL depends on how big the employer’s business is and also on the net revenue during a year:
- Businesses with 4 or more employees and a net gain of less than $ 1million have to provide no less than 40 hrs of unpaid sick leave per twelve months.
- Businesses with 5-99 employees and companies with 4 or fewer employees and a net gain over $ 1million have to provide no less than 40 hrs of paid sick leave per twelve months.
- Companies with 100 or more employees must provide no less than 56 hours paid sick leave per twelve months.
Beginning on September 30, 2020 (or upon employment if after this date), the workers may start accruing sick leave (no less than 1 hour per every 30 working hours). Otherwise, employers can choose to frontload the entire number of sick leave at the start of the year.
We expect the New York Department of Labor to issue guidance or regulations regarding NYSPSL in the forthcoming weeks. Guidance will probably be of specific value for the companies in NYC and Westchester County, who’ll have to guarantee compliance with existing duties under local regulations, along with new duties under NYSPSL. The companies in New York should pay special attention to the part of a bill aimed toward aligning the New York Earned Safe and Sick Time Act (ESSTA) and NYSPSL. Besides, it’s very important to be aware that NYSPSL is different from the New York State COVID-19 Paid Sick Leave Law that went into effect on March 18, 2020. It’s ambiguous how these laws may work together.
Employers should examine and upgrade their present guidance, policies, and rules to guarantee compliance with NYSPSL along with other newly enacted leave legislation. If needed, they should reach out to their counselor for recommendations and solutions.
We’ll proceed to provide companies with upgrades on execution as additional information grows.