September 16, 2020 Reminder of New York’s New Mandatory Safe and Sick Leave Law
KEEPING YOU INFORMED…
We are writing to remind you that, effective on September 30, 2020, all private sector (only) employers in New York must provide their employees with sick leave benefits as outlined in the attached memorandum. The amount of leave varies depending on the employer’s size and net income. This leave is separate from the State’s paid family leave program and from any COVID-19-related leave.
The Commissioner of Labor is authorized to adopt regulations and issue guidance regarding the new law that may include standards for sick leave accrual, use, payment and employee eligibility. As of the date of this memorandum, however, the State has still not issued any regulations or guidance regarding the new requirements. We will let you know if, and when, regulations are adopted or guidance is issued.
Thus, all private sector employees remain eligible unless the State advises otherwise and should begin accruing sick leave on September 30, 2020 or the first day of employment, whichever is later. Employees may begin using this sick leave on January 1, 2021 in the manner described in the attached memorandum.
If you have any questions regarding the new mandatory sick leave law, or would like assistance in reviewing or amending any applicable documents or agreements, please contact Alyson Mathews or Lauren Schnitzer or any of our other attorneys by calling 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.