covid19

New Paid Sick Leave Requirements for NYS Employers


By: Jeff Agranoff, Human Resources Consulting Principal,
Grassi Advisors & Accountants


Jeff Agranoff
Human Resources Consulting Principal,
Grassi Advisors & Accountants

 

 

 

New Paid Sick Leave Requirements for NYS Employers

 

New York State’s new sick leave mandate took effect on September 30, 2020. Under this law, all employers in the state must allow employees to accrue sick leave. While the accrual was mandated to begin on September 30, employees may not take the leave until January 1, 2021.

The amount of mandated paid or unpaid sick leave depends on employee count and/or employer’s net income in the previous tax year.

For employers with 4 or fewer employees:

  • If net income is $1 million or less, must provide 40 hours of unpaid sick leave each year.
  • If net income is more than $1 million, must provide 40 hours of paid sick leave each year.

For employers with 5 or more employees:

  • If 5-99 employees, must provide 40 hours of paid sick leave each year.
  • If 100 or more employees, must provide 56 hours of paid sick leave each year.

Employers that already met their respective requirement under existing employee policies do not need to increase their sick leave allotments.

Accrual Rules
The minimum rate at which employees can accrue sick leave under the new law is one hour for every 30 hours worked. Alternately, employers may frontload sick leave and provide the total amount to employees at the beginning of the calendar year.

Employees must be allowed to carry over unused sick days to the following year.

Next Steps
If your sick leave policy already met these minimum requirements prior to September 30, there is nothing additional your company needs to do. If this new mandate requires adjustments to your policies or payroll system that you have not yet implemented, be sure to contact your payroll provider as soon as possible.

STA member, Grassi Advisors & Accountants, has a full HR Consulting team that can answer your questions and help you achieve compliance with the new law. Contact Jeff Agranoff, HR Consulting Principal, at jagranoff@grassicpas.com to learn more.