Did You Know NYS Requires Employers to Provide Sick Time Off?
NYS requires that employers provide sick time off, and depending on the employer size it could be paid or unpaid. Priority One Payrolls helps our clients with the tracking of this time and displays the available balances on the paystubs if the employer chooses to do so.
Learn more about NYS requirements on NY.GOV
Amount of Leave
Employees will receive an amount of sick leave depending on the size of their employer:
- Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year.
- Employers with 5 to 99 employees must provide up to 40 hours of paid sick leave per calendar year.
- Employers with 4 or fewer employees and net income of greater than $1 million in the previous tax year are required to provide up to 40 hours of paid sick leave per calendar year.
- Employers with 4 or fewer employees and net income is $1 million or less in the previous tax year are required to provide up to 40 hours of unpaid sick leave per calendar year.
For counting employees, small employers with 4 or fewer employees and who reported a net income of $1 million or less do not need to pay their employees sick leave, but must provide the additional allotted leave time. Note: “calendar year” means the 12-month period from January 1 to December 31. For other purposes, including use and accrual of leave, employers may set a calendar year to mean any 12-month period.
Accruals
Employees begin accruing leave on September 30, 2020. Leave must be accrued at a rate not less than one hour for every thirty hours worked.
Alternate Accrual System
As an alternative to employees accruing 1 hour for every 30 hours worked, employers may choose to provide the full amount of sick leave required by this law at the beginning of each calendar year (e.g., a business with over a 100 employees could provide 56 hours of sick leave to each employee starting January 1 of each year or at the beginning of a twelve-month period as determined by the employer. Such up-front sick leave is not subject to later revocation or reduction if, for instance, the employee works fewer hours than anticipated by the employer).
