By Craig Johnson

Good afternoon,

I hope and trust that this note finds you and your family in strong health. I wanted to send over to you NY Governor Cuomo’s Paid Sick Leave Bill and Memorandum in Support.  This has been the subject of discussion for the past week given the current state of affairs. This proposal has a three way agreement with the Legislature and we expect both houses to pass the bill this week.  Feel free to pass along to the right folks in your world and if you have any questions, feel free to reach out.

COVID-19 provisions

Leave due to mandatory or precautionary order of quarantine or isolation issued by NYS due to COVID-19.

  • Employers with 10 or fewer employees must provide unpaid leave to an employee under quarantine
  • Employers with 10 or fewer employees with $1 mil or more in income in the previous year must provide 5 days of paid sick leave to an employee under quarantine
  • Employers with 11-99 employees must provide 5 days of paid sick leave to an employee under quarantine
  • Employers with 100 or more employees must provide 14 days of paid sick leave to an employee under quarantine
  • Public employers must provide at least 14 days of paid sick leave, with each employee compensated at their regular rate of pay, and without loss of an employee’s accrued sick leave

In instances where the paid leave does not cover the full quarantine period an employees will be eligible for paid family leave benefits and disability benefits.

Permanent Paid Sick Leave

  • Employers with 4 or fewer employees must provide 40 hours of unpaid sick leave
  • Employers with 4 or fewer employees with $1 mil or more in income must provide 40 hours of paid sick leave
  • Employers with 5-99 employees must provide 40 hours of paid sick leave
  • Employers with 100 or more employees must provide 56 hours of paid sick leave

Sick leave will accrue sick leave at a rate of not less than one hour for every 30 hours worked. Leave is allowed for a mental or physical illness, injury, or health condition of an employee family member regardless of whether the condition requires a diagnosis or medical care. Leave is also allowable due to domestic violence.

Unused paid leave carries over to the following calendar year, however the hourly maximums remain in place.

Craig