NY Lab L § 196-B (2021)
2021 New York Laws LAB - Labor Article 6 - Payment of Wages 196-B - Sick Leave Requirements.

§  196-b. Sick leave requirements. 1. Every employer shall be required to provide its employees with sick leave as follows:   a. For employers with four or fewer employees in  any  calendar  year, each  employee  shall  be provided with up to forty hours of unpaid sick leave in each calendar year; provided, however, an employer that employs four or fewer employees in any calendar year and that has a  net  income of  greater  than  one  million  dollars  in the previous tax year shall provide each employee with up to forty hours of paid sick leave pursuant to this section;   b. For employers with between five and ninety-nine  employees  in  any calendar year, each employee shall be provided with up to forty hours of paid sick leave in each calendar year; and   c.  For  employers  with one hundred or more employees in any calendar year, each employee shall be provided with up to fifty-six hours of paid sick leave each calendar year.   For purposes of determining the number of employees pursuant  to  this subdivision,  a  calendar  year  shall mean the twelve-month period from January first through December thirty-first. For all other  purposes,  a calendar  year  shall  either  mean the twelve-month period from January first through  December  thirty-first,  or  a  regular  and  consecutive twelve-month period, as determined by an employer.   2.  Nothing  in this section shall be construed to prohibit or prevent an employer from providing an amount of  sick  leave,  paid  or  unpaid, which  is  in excess of the requirements set forth in subdivision one of this section, or  from  adopting  a  paid  leave  policy  that  provides additional  benefits  to employees. An employer may elect to provide its employees with the total amount of sick leave required  to  fulfill  its obligations pursuant to subdivision one of this section at the beginning of  the  calendar  year,  provided,  however  that  no employer shall be permitted to reduce or revoke any such sick leave based on the number of hours actually worked by an employee during the calendar  year  if  such employer elects pursuant to this subdivision.   3.  Employees  shall  accrue sick leave at a rate of not less than one hour per every thirty hours worked, beginning  at  the  commencement  of employment  or  the  effective date of this section, whichever is later, subject to the use and accrual limitations set forth in this section.   4. a. On and after January first, two thousand twenty-one and upon the oral or written request  of  an  employee,  an  employer  shall  provide accrued sick leave for the following purposes:  (i)  for  a mental or physical illness, injury, or health condition of such employee or such employee's family member,  regardless  of  whether such illness, injury, or health condition has been diagnosed or requires medical care at the time that such employee requests such leave;  (ii)  for  the  diagnosis,  care, or treatment of a mental or physical illness, injury or health condition of, or need  for  medical  diagnosis of,  or  preventive  care  for,  such employee or such employee's family member; or  (iii) for an absence from work due to any  of  the  following  reasons when  the  employee  or  employee's family member has been the victim of domestic violence pursuant to subdivision  thirty-four  of  section  two hundred  ninety-two  of  the  executive  law,  a  family offense, sexual offense, stalking, or human trafficking:  (a) to obtain services from a domestic violence shelter,  rape  crisis center, or other services program;  (b)  to  participate  in  safety  planning, temporarily or permanently relocate, or take other actions to increase the safety of  the  employee or employee's family members;  (c)  to  meet  with  an  attorney or other social services provider to obtain information and advice on, and prepare for or participate in  any criminal or civil proceeding;  (d)  to  file  a  complaint  or  domestic  incident  report  with  law enforcement;  (e) to meet with a district attorney's office;  (f) to enroll children in a new school; or  (g) to take any other actions necessary to ensure the health or safety of the employee or the employee's family member or to protect those  who associate or work with the employee.   For  purposes  of  this  subdivision,  the  reasons  outlined above in subparagraph (a) through (g) must be related to the  domestic  violence, family offense, sexual offense, stalking, or human trafficking. Provided further  that  a person who has committed such domestic violence, family offense, sexual offense, stalking, or human  trafficking  shall  not  be eligible  for  leave  under this subdivision for situations in which the person committed such offense and was not a victim, notwithstanding  any family relationship.   b.  For  purposes  of  this  section,  "family  member"  shall mean an employee's child, spouse, domestic partner, parent, sibling,  grandchild or  grandparent;  and  the  child  or  parent of an employee's spouse or domestic partner. "Parent" shall mean a  biological,  foster,  step-  or adoptive  parent,  or  a  legal guardian of an employee, or a person who stood in loco parentis when the employee  was  a  minor  child.  "Child" shall  mean  a  biological,  adopted or foster child, a legal ward, or a child of an employee standing in loco parentis.   5. a. An employer may  not  require  the  disclosure  of  confidential information  relating to a mental or physical illness, injury, or health condition  of  such  employee  or  such  employee's  family  member,  or information  relating  to  absence from work due to domestic violence, a sexual offense, stalking,  or  human  trafficking,  as  a  condition  of providing sick leave pursuant to this section.   b.  An  employer may set a reasonable minimum increment for the use of sick leave which shall not exceed four hours.  Employees  shall  receive compensation  at  his  or  her  regular  rate  of pay, or the applicable minimum wage established pursuant to section six  hundred  fifty-two  of this chapter, whichever is greater, for the use of paid sick leave.   6.  An  employee's  unused  sick  leave  shall  be carried over to the following calendar year, provided, however, that: (i) an  employer  with fewer  than  one  hundred  employees  may limit the use of sick leave to forty hours per calendar year; and (ii) an employer with one hundred  or more  employees  may  limit the use of sick leave to fifty-six hours per calendar year. Nothing in this section shall be construed to require  an employer  to  pay an employee for unused sick leave upon such employee's termination,  resignation,  retirement,   or   other   separation   from employment.   7.  No  employer  or  his or her agent, or the officer or agent of any corporation, partnership, or limited liability  company,  or  any  other person,  shall  discharge,  threaten,  penalize,  or in any other manner discriminate or retaliate against any employee because such employee has exercised his or her rights afforded under this section, including,  but not  limited  to, requesting sick leave and using sick leave, consistent with the provisions of section two hundred fifteen of this chapter.   8. An employer shall not be required to provide  any  additional  sick leave  pursuant to this section if the employer has adopted a sick leave policy or time off policy that provides  employees  with  an  amount  of leave  which  meets or exceeds the requirements set forth in subdivision  one of this section  and  satisfies  the  accrual,  carryover,  and  use requirements of this section.   9.  Nothing  in  this  section  shall  be  construed to: a. prohibit a collective bargaining agreement entered into, on or after the  effective date  of  this  section  from, in lieu of the leave provided for in this section, providing a comparable benefit for  the  employees  covered  by such agreement in the form of paid days off; such paid days off shall be in  the  form  of  leave, compensation, other employee benefits, or some combination thereof; or   b. impede, infringe, or diminish the ability of a certified collective bargaining agent to negotiate the terms and  conditions  of  sick  leave different from the provisions of this section.   Provided, however, that in the case of either paragraph a or b of this subdivision,  the agreement must specifically acknowledge the provisions of this section.   10. Upon return to work following any sick  leave  taken  pursuant  to this  section,  an  employee shall be restored by his or her employer to the position of employment held by such employee prior to any sick leave taken pursuant to this section with the same pay  and  other  terms  and conditions of employment.   11. Upon the oral or written request of an employee, an employer shall provide  a summary of the amounts of sick leave accrued and used by such employee in the current calendar year and/or any previous calendar year. The employer shall provide such information to the employee within three business days of such request.   12. Nothing in this section shall be construed to prevent a city  with a  population  of  one million or more from enacting and enforcing local laws or ordinances which meet or exceed the standard or requirements for minimum hour and use set forth in this section,  as  determined  by  the commissioner.  Any  paid  sick  leave  benefits provided by a sick leave program enforced  by  a  municipal  corporation  in  effect  as  of  the effective  date  of this section shall not be diminished or limited as a result of the enactment of this section.   13. The commissioner shall have authority  to  adopt  regulations  and issue  guidance  to  effectuate  any  of the provisions of this section. Employers shall comply with regulations and guidance promulgated by  the commissioner  for  this purpose which may include but are not limited to standards for the accrual, use, payment,  and  employee  eligibility  of sick leave.   14.  The department shall conduct a public awareness outreach campaign which shall include making information  available  on  its  website  and otherwise  informing  employers  and employees of the provisions of this section.