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New York State Paid Sick Leave Law Now in Effect

By Salvatore G. Gangemi & Matthew A. Ciarleglio on October 5, 2020
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On September 30, 2020, section 196-b of the New York State Labor Law went into effect.  The legislation, which provides for the immediate accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021.  We wrote about the New York State Paid Sick Leave law previously, and have outlined the situations under which it must be provided to employees.  Like New York City’s paid sick leave entitlements, the law applies to absences related to an employee’s status as a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking.  For a complete list of reasons and more detail about the accrual of sick leave, take a look at our prior blog.

The amount of sick leave to be provided under the legislation and whether the leave is to be paid or unpaid depends on the number of employees and the employer’s net income.  For employers

  • with four or fewer employees and net income less than $1,000,000 in the previous tax year, each employee must be provided with up to 40 hours of unpaid sick leave per calendar year.
  • with four or fewer employees and net income greater than $1,000,000 in the previous tax year must provide each employee with up to 40 hours of paid sick leave.
  • with between five and ninety-five employees, each employee must be provided with up to 40 hours of paid sick leave per calendar year.
  • with 100 or more employees, the amount of paid sick leave per employee increases to up to 56 hours.

One area of uncertainty posed by section 196-b concerns the documentation or proof an employee must provide to his or her employer to be entitled to sick leave.  Subsection 4.a. states that an employee merely has to submit an “oral or written request” for leave.  Likewise, subsection 5.a. of the legislation states that “[a]n employer may not require the disclosure of confidential information … as a condition of providing sick leave pursuant to this section.”  This prohibition on the mandatory disclosure of confidential information likely precludes an employer from requiring that an employee provide a doctor’s note with any substantive detail or other medical information that could be deemed confidential.  Arguably, an employer could request (but not require) than an employee provide such a doctor’s note, but the extent to which an employer can require documentation will likely be addressed in forthcoming regulations.

To date, the New York State Department of Labor (“NYS DOL”) has not issued any regulations or guidance on section 196-b.  Thus, it remains to be seen whether the NYS DOL will provide any clarification concerning exactly what documentation or information  employees must provide to employers in support of a sick leave request under the legislation.  We will continue to monitor the NYS DOL for any developments, including for the issuance of relevant regulations or guidance.

As always, Murtha Cullina’s Labor and Employment Group is available to discuss your specific situation and guide you through the ever-changing landscape of employee leave entitlements.

 

Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of…

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty, and other work-related common law claims. Sal also counsels clients on day-to-day issues involving workplace management and administration, including requests for reasonable accommodation for disabilities, for family and medical leave, and wage and hour issues.  He conducts employment law training on a variety of topics, including sexual harassment prevention and wage/ hour compliance.  He also drafts employment policies and agreements, and assists clients in auditing worker classification practices and policies both in the context of the Fair Labor Standards Act and state laws governing independent contractor determinations.

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Photo of Matthew A. Ciarleglio Matthew A. Ciarleglio

As an associate in the Litigation Department, Matthew Ciarleglio represents clients in a wide variety of commercial and business litigation matters. His experience includes contract disputes, municipal litigation, bankruptcy and creditors’ rights, foreclosure matters, and collection actions.

Matthew has significant courtroom experience and …

As an associate in the Litigation Department, Matthew Ciarleglio represents clients in a wide variety of commercial and business litigation matters. His experience includes contract disputes, municipal litigation, bankruptcy and creditors’ rights, foreclosure matters, and collection actions.

Matthew has significant courtroom experience and he has successfully handled prejudgment remedy hearings, courtside trials, and hearings in damages. In addition, he has regularly appeared on behalf of clients at short calendar arguments, evidentiary hearings, pretrial conferences, examinations of judgment debtors, and foreclosure mediations.

Prior to joining Murtha Cullina, Matthew was an associate at two prominent law firms in Bridgeport, Connecticut and New Haven, Connecticut.  Matthew received his J.D., cum laude, from Quinnipiac University School of Law.  While in law school, he was a member of the Quinnipiac Law Review and the Quinnipiac Moot Court Society.  Matthew received his B.A., summa cum laude, from the University of Connecticut, where he was a member of the Honors Program and was elected to Phi Beta Kappa.

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  • Posted in:
    Employment & Labor
  • Blog:
    Employment Law Perspectives
  • Organization:
    Murtha Cullina LLP
  • Article: View Original Source

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