December 1, 2020

Volume X, Number 336

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November 30, 2020

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New York State Enacts State-Wide Paid Sick Leave Law

New York State has joined the growing list of states and localities (including New York City and Westchester County) mandating that employers provide paid sick leave to employees.

The new obligation is separate and distinct from the New York State Quarantine Leave Law enacted in response to COVID-19.

The statewide sick leave law applies to all employers with employees in the state.  The law goes into effect on September 30, 2020 when employers must allow employees to start accruing paid sick leave, but employers are not obligated to allow use of sick leave until January 1, 2021.

Similar to the New York Quarantine Leave Law, the amount of paid sick leave an employer must provide an employee varies based on an employer’s size. Employers with 100 or more employees must provide 56 hours of paid sick leave per calendar year. Employers with fewer than 100 employees must provide 40 hours of paid sick leave; except employers with less than 5 employees, and a net income of less than $1 million, can provide 40 hours of unpaid time.  The law does not specifically address whether multistate employers should count employees outside of New York in determining an employer’s size.

For more details on the new New York Paid Sick Leave law see https://www.natlawreview.com/article/new-york-budget-includes-changes-to-state-employment-laws

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 129
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Jenifer Bologna Employment Lawyer Jackson Lewis
Of Counsel

Jenifer Bologna is Of Counsel in the White Plains, New York, office of Jackson Lewis P.C.

Ms. Bologna has extensive experience counseling employers on a variety of employment law issues. Ms. Bologna specializes in assisting employers in meeting the legal and practical challenges posed by federal and state laws protecting injured and ill employees, the most notable being the Americans with Disabilities Act and the Family and Medical Leave Act. In addition to counseling and training employers, Ms. Bologna represents management in workplace litigation in both...

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