2023 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.
* NB Effective until January 1, 2025
* 2. Nothing in this section shall be construed to prohibit or prevent
an employer from providing an amount of sick leave, paid or  unpaid,  or
paid  prenatal personal leave which is in excess of the requirements set
forth in subdivision one and subdivision four-a 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.
* NB Effective January 1, 2025
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.
* 4-a.  In addition to the sick leave provided for in this section, on
and after January first, two thousand twenty-five, every employer  shall
be  required  to  provide to its employees twenty hours of paid prenatal
personal leave during any fifty-two week calendar period. Paid  prenatal
personal  leave  shall  mean  leave  taken  for the health care services
received by an employee  during  their  pregnancy  or  related  to  such
pregnancy,   including   physical   examinations,   medical  procedures,
monitoring and testing, and discussions  with  a  health  care  provider
related  to  the pregnancy. Paid prenatal personal leave may be taken in
hourly increments. Benefits for paid prenatal personal  leave  shall  be
paid in hourly installments. Employees shall receive compensation at the
employee's   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 prenatal personal leave.
Nothing in this section shall be construed to require an employer to pay
an  employee  for  unused  paid  prenatal  leave  upon  such  employee's
termination,   resignation,   retirement,   or   other  separation  from
employment.
* NB Effective January 1, 2025
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.
* NB Effective until January 1, 2025
* 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  or paid prenatal personal leave pursuant to this
section.
* NB Effective January 1, 2025
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.
* NB Effective until January 1, 2025
* 7.  No  employer  or  their  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 their rights afforded under this section, including,  but  not
limited  to, requesting sick leave or paid prenatal leave and using sick
leave or paid prenatal leave, consistent with the provisions of  section
two hundred fifteen of this chapter.
* NB Effective January 1, 2025
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.
* NB Effective until January 1, 2025
* 10. Upon return to work following any sick leave  or  paid  prenatal
leave  taken  pursuant to this section, an employee shall be restored by
their employer to the position of employment held by such employee prior
to any sick leave or paid prenatal leave taken pursuant to this  section
with the same pay and other terms and conditions of employment.
* NB Effective January 1, 2025
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.