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New York City amends Paid Sick Leave
Effective September 30, 2020, the New York City Council has enacted Int. No. 2032-A (the Bill) which is making several changes to New York City’s Paid Sick and Safe Leave Law (the City Sick Leave Law). The Bill aligns the accrual and usage of sick and safe leave under the City Sick Leave Law with New York State’s new paid sick leave law (the State Sick Leave Law), which also goes into effect September 30, 2020.
The current New York City law states that employers 5 or more employees who work more than 80 hours a calendar year, earn up to 40 hours of paid sick time. An employee will earn 1 hour for every 30 hours worked. An employer with fewer than 5 employees who work more than 80 hours a calendar year, earn up to 40 hours of unpaid sick time. Employers must allow employees to carry any unused paid sick leave over into the next calendar year.
Amendment to Current Provision
The City Sick Leave Law would be amended to require the same sick leave usage and accrual requirements as the State Sick Leave Law. In accordance with the amendment:
- Employers with four or fewer employees and an income less than $1 million must provide 40 hours of paid safe/sick leave.
- Employers with between 5 and 99 employees, regardless of employer income, will be required to provide up to 40 hours per calendar year of paid sick and safe leave, which is consistent with the prior requirements for these employers.
- All employers with 100 or more employees (regardless of employer income) will be required to provide up to 56 hours per calendar year of paid sick and safe leave, which matches the requirements of the new State Sick Leave Law.
Employers with 99 or fewer employees are permitted to carry over of up to 40 hours of unused safe/sick time to the following calendar year. Employers with 100 or more employees, can carry over up to 56 hours of unused safe/sick time to the following calendar year.
The Bill also removes the prior requirement that an employee must work 80 hours within New York City to be eligible for sick and safe leave.
Note: The New York State labor law update on New Paid Sick Leave has been published under the global compliance update dated Sept 17, 2020. You can read the details here.