New York State Department of Labor Adopts Sick Leave Law Regulations

On December 22, 2021, the New York State Department of Labor (DOL) issued final regulations (“Regulations”) regarding the New York State Sick Leave Law (“NYSSLL”), which took effect over a year ago on September 30, 2020.  The Regulations do not contain any changes to those initially proposed on December 9, 2020.  In adopting the Regulations, the DOL also provided insight on its interpretation of the NYSSLL by responding to public comments it received about the law, which in some cases is contrary to its previous guidance. 

Documentation

The Regulations allow an employer to request that an employee provide documentation substantiating sick leave where the employee uses leave for three or more consecutive and previously scheduled workdays or shifts.  Employers may require either: 

(1) An attestation from a licensed medical provider supporting the need for leave which identifies the amount of leave needed and a date the employee may return to work; or

(2) An attestation from the employee of their eligibility for leave. 

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