NYS Paid Leave – 10 Things You Need to Know

Last Updated on December 23, 2020 by VantagePoint

New York State paid leave – new law

1. The new law effective January 1, 2021, with accrual beginning September 30, 2020.
2. The new law allows employee time off for medical treatment, diagnosis, or care for themselves or family members, OR any domestic violence situations, including reporting, treatment, or re-location.
3. Every NYS employer must provide sick and safe leave to all Full-time AND Part-time employees.

Sick and safe leave to full-time and part-time employees

1. Have four (4) or fewer employees and less than $1 million in revenue? At least 40 hours of Unpaid sick leave each calendar year.
2. Have four (4) or fewer employees and more than $1 million in revenue? At least 40 hours of Paid sick leave each calendar year.
3. Between 5 and 99 employees? At least 40 hours of Paid sick leave each calendar year.
4. More than 100 employees? At least 56 hours of Paid sick leave each calendar year.

Employers’ obligation

1. Must notify all existing employees and all new employees upon the date of hire.
2. Must provide all accrued, used, and remaining time upon verbal or written request within 3 days.
3. Must maintain all records for at least six (6) years.
4. Must update leave policies and employee handbook.
5. Must provide these minimum hours of leave, but can offer more.

Extra NYC Requirements

1. Accrued, used and remaining hours must be present on all employee paystubs.
2. Poster notice is required, “notice of employee rights: safe and sick leave”.
3. Leave can be used if the employer or childcare provider is forcibly closed by order of a public official due to a public health emergency.
4. Any employer, regardless of location, must provide this leave coverage for any employee who works as little as one (1) hour in NYC.
5. Domestic workers are covered.
6. If the employer asks for supporting documentation and the provider charges the employee, the employer is obligated to pay the fee.

What if employers don’t comply?

Violations can lead to fines as high as $15,000 and $500 for each employee.

How can VantagePoint help?

Call to see if you qualify for a free employee handbook and PTO policy review.

Interested in simplifying your PTO obligations and process? Give us a call.  We have the platforms and support you need to ‘set it and forget it’.