New York State Issues Sick Leave Guidance and FAQs

On April 3, 2020, New York State enacted a Statewide mandatory sick leave law (SLL) affecting all private employers in the State. The law requires all private employers to provide up to 40 or 56 hours of paid or unpaid leave (depending on size and net income) annually for covered absences. Under the SLL, employees became eligible to start accruing leave time on September 30, 2020, for use starting on January 1, 2021. The New York State Department of Labor (DOL) recently issued guidance and answers to frequently asked questions (FAQs) to assist employers in complying with the SLL.

The guidance and FAQs provide direction on the application of the SLL in several areas, including the following:

Calendar Year

• Employers must use the period from January 1 to December 31 to determine their total number of employees.
• For other purposes, including use and accrual of leave, employers may use any 12-month period as the “calendar year.”
  
  

Covered Employers

• Employers with multiple locations must count the total number of employees across all locations in determining how many employees they have for purposes of the SLL.
• Out-of-state employers must provide sick leave to employees who physically work in New York State.

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