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In this regard, this blog is titled “Sick, Family, & Medical Leave under the New York Paid Sick Leave” and is Part VII of our series, “Key Employment Law Issues for Businesses & Companies in New York.” In Part VI, we dwelt on what the New York Paid Family Leave Benefits Law says about sick, family, and medical leave and said that under the statute, eligible employees in New York are guaranteed job protection and leave (1) when a family member is called to active duty in the military, (2) to bond with a child following adoption or birth, and (3) to take care of a family member with a serious health condition.

To move this discussion forward, we will examine what the New York Paid Sick Leave Law says about sick, family, and medical leave for employees in New York and how employers can remain compliant with the statute.

Sick, Family, and Medical Leave under the New York Paid Sick Leave Law

Under this statute, sick leave for employees should begin to accrue at the rate of 1 hour for every 30 hours worked. Pursuant to NY CLS Labor § 196-b (3), (4), accrued sick leave for employees was set to take affect from January 1, 2021. The statute also stipulates that the employer’s net income and size determine (1) the sick leave’s annual cap and (2) whether the employer should pay sick leave.

In addition, the law also requires sick leave to be provided by all employers with at least 5 employees. However, as codified under NY CLS Labor § 196-b (1), an employer is required to provide unpaid sick leave if it has no more than four employees unless it had a gross of more than $1,000,000 of net income in the previous tax year – the case where it is required to provide employees with sick leave.

In Part VIII of this series and our blog titled “Workers Compensation under New York’s Wage & Hour Law,” we will shift gears to hammer on what the law says about minimum wage and hour in New York and how employers can remain compliant with it.

As usual, stay tuned for more legal guidance, training, and education.

In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.