Will New York Join Connecticut and Provide Paid Sick Leave?
Author: Melissa Burdorf, XpertHR Legal Editor
If New York Senators Kevin S. Parker and Ruth Hassell-Thompson have their way, Senate Bill 2626 will require New York employers with one or more employees to provide their employees with paid sick leave - defined as an employee's full wages when the employee needs a leave of absence because he or she or a covered family member has an illness, injury or medical condition or needs a medical diagnosis or treatment.
If this bill is passed, New York will become the second state to offer paid sick leave, with Connecticut being the first.
Under this bill, an employee will be allowed to take paid sick leave for himself or herself or a covered family member, which includes an employee's:
- Child (a biological, adopted, step or foster child, as well as a child of a domestic partner or if the employee stands in loco parentis to a child);
- Spouse (unmarried employees may designate one person the employee can use the paid sick leave to care for);
- Parent;
- Grandparent;
- Grandchild;
- Sibling; or
- Aunt or uncle.
An employer may require that employees provide (when possible) reasonable notice (not more than 24 hours before the absence) of their intent to use paid sick leave. An employer can use reasonable measures to verify or document an employee's need for or use of paid sick leave.
For current employees, paid sick leave will accrue once the law is passed. For employees hired after the law's effective date, paid sick leave begins to accrue 90 days after the employee's start date.
Paid sick leave will accrue at a rate of one hour of leave for every 20 hours worked, and will accrue in whole hour increments. However, an employee will not be able to accrue more than 80 hours of paid sick leave. If an employer is considered a small business employer (fewer than 10 employees during any week) an employee will not be able to accrue more than 40 hours of leave.
If an employer already provides paid sick leave to their employees that is equal to or exceeds the law's requirements, the employer will not be required to provide any additional paid leave. An employer can always provide more than the 80 or 40 hours required by law.
If an employee is terminated, resigns, retires or separates from work, the employer will not be required to provide financial or other reimbursement for the unused accrued paid sick leave.
New York employers should continue to check XpertHR for updates on this bill.
Additional Resources
Employee Leaves > Other Leaves: New York