LIEB BLOG

Legal Analysts

Friday, April 03, 2020

2021 NYS State Budget Enacts Paid Sick Leave Law

On April 2, 2020, Governor Cuomo announced the 2021 New York State Budget which includes a statewide paid sick leave law. The new law states, in summary, as follows: 
  • Every employer is required to provide employees with annual sick leave beginning on January 1, 2021; the amount and pay required is dependent on the number of employees:
    • Employers with four (4) or fewer employees and a net income of less than one (1) million dollars in the prior tax year must provide up to forty (40) hours of unpaid sick leave per year. 
    • Employers with 5-99 employees (and employers who have four (4) or fewer employees and a net income greater than one (1) million dollars) must provide up to forty (40) hours of paid sick leave per year. 
    • Employers with a 100 or more employees must provide fifty-six (56) hours of paid sick leave per year.
  • Sick leave accrues at a rate of one (1) hour for every thirty (30) hours worked. Employers may provide all of the required hours at the beginning of the year. 
  • Employees may use sick leave under the following circumstances:
    • Employee has a a mental or physical illness or injury (regardless if it has been diagnosed or employee requires medical care). 
    • To care for a family member who has an illness or injury. 
    • To take various precautionary measures; seek treatment or services as a result of the employee or family member being a victim of domestic violence. 
  • Employers who deny employees sick leave or retaliate against an employee for taking sick leave may be liable for substantial damages including but not limited to: back pay, front pay, attorneys' fees, civil penalties and liquidated damages up to $20,000.