On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a set of FAQs addressing some of the ambiguities in the law, but perhaps raising others. Nonprofit employers must also comply with the law. *Jamie Moelis is a law clerk in the Labor and Employment Practice Group. The FAQs clarify that because sick leave can be used for preventive medical care: (i) it would cover absences for routine medical appointments, such as dentist and eye doctor appointments; and (ii) it may cover absences due to temporary closure of the employer’s place of business due to a public health emergency. NYSPSL permits employees to use sick leave for preventive medical care, among several other reasons. When employees are paid on a non-hourly basis, accrual of sick leave is measured by the actual length of time spent performing work. By: Nicholas P. Jacobson The budget bill signed by Governor Cuomo on April 3, 2020, includes an amendment to the Labor Law that requires New York employers to provide sick leave to employees. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions remain regarding employers’ obligations under the law. document.write(xEM);
Employers with 5 to 99 employees must provide up to 40 hours of paid sick leave per calendar year. Annual accrual cap is 96 hours of paid leave; 80 hours of unpaid leave. Employees may use their accrued leave under the NYSSL starting January 1, 2021. With federal and state legislation constantly evolving, and New York Governor Andrew Cuomo’s office issuing multiple executive orders, New York employers are struggling to understand their coronavirus (COVID-19) paid leave obligations. This new law is in addition to the New York State provisions already in effect providing emergency paid sick time … In the midst of everything else, employers must remember that New York State’s sick leave law (SLL) takes effect on September 30, 2020 (as noted in our client advisories in April and May).Eligible employees may begin to accrue sick leave as of that date, but are not permitted to utilize earned sick leave under the SLL before January 1, 2021.