New Yorkers can use new paid sick-leave benefits under new state law

New Yorkers can begin using sick-leave benefits under the state’s paid sick-leave law that took effect Jan. 1.  The new law secures paid sick leave for workers at medium and large businesses and paid or unpaid leave for those at small businesses, depending on the employer’s net income, the office of Gov. Andrew Cuomo announced Dec. 29.  […]

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New Yorkers can begin using sick-leave benefits under the state’s paid sick-leave law that took effect Jan. 1. 

The new law secures paid sick leave for workers at medium and large businesses and paid or unpaid leave for those at small businesses, depending on the employer’s net income, the office of Gov. Andrew Cuomo announced Dec. 29. 

Cuomo first discussed the measure during his 2020 State of the State address and lawmakers approved it as part of the 2021 state budget.

Under this law, New Yorkers can use guaranteed sick leave to recover from an illness themselves; care for a sick family member; or address safety needs if they or a family member are the victim of domestic violence, sexual assault, stalking, or human trafficking. 

“This public-health crisis has put that need in even greater relief. Now, …we are expanding this fundamental right to all New Yorkers,” Cuomo said. 

Earning sick leave

New Yorkers earn sick leave based on the hours they work, earning one hour of leave for every 30 hours they work, retroactive to Sept. 30, 2020. New York’s new guaranteed sick-leave law requires businesses to provide different levels of sick leave depending on their size. 

Businesses with 100 or more employees must provide up to seven days (56 hours) of paid sick leave per year. Companies with five to 99 employees must provide up to five days (40 hours) of paid sick leave per year.

In addition, businesses with fewer than five employees, but a net income of more than $1 million, must provide up to five days (40 hours) of paid sick leave per year. Smaller businesses with fewer than five employees and a net income of less than $1 million must provide up to five days (40 hours) of unpaid sick leave. However, those already providing paid sick leave can continue to do so. 

Prior to the law’s passage, about 1.3 million New Yorkers did not have access to paid sick leave, “forcing them” to either take unpaid leave and risk losing their jobs or show up to work while sick, potentially spreading communicable diseases to coworkers and the general public, Cuomo’s office said. Nearly one-in-four workers had reported being fired or being threatened with termination for taking sick time.       

Eric Reinhardt

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