New York Updates

Paid Sick Leave

As noted in a prior FranklyHR newsletter, New York enacted a new law in April requiring all employers to provide sick leave to their employees. The law’s leave accrual provision takes effect September 30^th, 2020; however, employers are not required to provide sick leave to any employee until January 1, 2021.

Under the sick leave law:

• Employers with one to four employees and a net income in the prior tax year of less than $1 million must provide employees up to 40 hours of unpaid leave;
• Employers with one to four employees and a net income in the prior tax year of $1 million or more must provide employees up to 40 hours of paid leave;
• Employers with five to 99 employees must provide employees up to 40 hours of paid leave; and
• Employers with 100 or more employees must provide employees up to 56 hours of paid leave.

Sick leave may be used for:

• A mental or physical illness, injury or health condition of an employee or an employee's family member;
• The diagnosis, care or treatment of a mental or physical illness, injury or health condition of, or need for medical diagnosis of or preventive care for, an employee or employee's family member; or
• An absence from work for certain specified reasons related to when an employee or an employee's family member has been the victim of domestic violence, a family offense, sexual offense, stalking or human trafficking.

Employers are prohibited from discharging, threatening, penalizing or otherwise discriminating or retaliating against an employee for requesting or using sick leave or exercising any right under the sick leave law.

Under the law, employees may carry over unused sick leave hours. However, employers may limit the number of hours an employee may use each calendar year to 40 hours for employers of fewer than 100 employees or 56 hours for employers of 100 or more employees. Employers are not required to pay out unused sick leave when an employee separates from employment.

Suffolk County Human Rights Law Amended

Suffolk County has amended its Human Rights Law to ban race and religious discrimination based on hairstyle, hair texture, and religious garments as components of “group identity”. Suffolk County’s ban on discrimination follows a similar measure adopted by New York State last year.