Understanding Employee Leave Laws in New York

As an employer in New York, it's crucial to stay informed about the various leave laws that apply to your business. From paid sick leave to parental leave, understanding these regulations is essential for maintaining compliance and supporting your employees.

New York State has a comprehensive set of leave laws designed to protect workers and ensure they have access to the time off they need. By familiarizing yourself with these requirements, you can create policies that align with legal standards and foster a positive work environment.

Overview of All of New York State's Leave Laws

New York State offers a wide range of leave options for employees, each with its own set of eligibility criteria and provisions. Some of the key leave laws to be aware of include:

New York Paid Sick Leave: Employers with five or more employees or a net income of more than $1 million must provide paid sick leave, while those with fewer than five employees and a net income of $1 million or less must provide unpaid sick leave.
New York Paid Family Leave: This law provides eligible employees with up to 12 weeks of paid leave to bond with a new child, care for a family member with a serious health condition, or assist when a family member is deployed abroad on active military service.
Voting Time Off: Employers must provide employees with up to two hours of paid time off to vote if they do not have sufficient time outside of working hours to do so.
Parental Leave: New York State's Paid Family Leave law includes provisions for parental leave, allowing employees to take time off to bond with a newborn, adopted, or fostered child.
Paid Time Off (PTO): While not required by law, many employers in New York choose to offer paid time off as part of their benefits package, which can be used for vacation, personal days, or other reasons.
Jury Duty Leave: Employers must provide employees with time off for jury duty and cannot penalize them for serving. Some employers may choose to pay employees during this time, but it is not required by law.

Overview of New York's Paid Sick Leave Law

On April 3, 2020, New York State enacted legislation establishing the right to paid sick leave for employees. The New York State Paid Sick Leave law, which went into effect on September 30, 2020, requires employers with five or more employees or a net income of more than $1 million to provide paid sick leave to their staff. Employers with fewer than five employees and a net income of $1 million or less must provide unpaid sick leave.

Under this law, employees began accruing sick leave at a rate of one hour for every 30 hours worked, starting on September 30, 2020. As of January 1, 2021, employees may use their accrued leave. The purpose of this law is to protect low-wage workers and consumers in New York by ensuring that employees have access to paid time off when they are ill or need to care for a sick family member.

The amount of sick leave an employee is entitled to depends on the size and income of their employer:

Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year.
Employers with 5-99 employees must provide up to 40 hours of paid sick leave per calendar year.
Employers with 0-4 employees and a net income of $1 million or less must provide up to 40 hours of unpaid sick leave, while those with a net income greater than $1 million must provide up to 40 hours of paid sick leave.

By implementing this law, New York State has taken a significant step towards promoting a healthier and more supportive work environment for employees, particularly those in low-wage positions.

Amount of Sick Leave Based on Employer Size in New York

New York's sick leave requirements vary based on the size and income of the employer. It's essential for employers to understand these differences to ensure compliance with the law and to provide their employees with the appropriate amount of sick leave.

According to the New York State Paid Sick Leave law, the amount of sick leave an employee is entitled to depends on the following employer categories:

Large Employers (100+ employees): Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year.
Medium-sized Employers (5-99 employees): Employers with 5 to 99 employees are required to provide up to 40 hours of paid sick leave per calendar year.
Small Employers (0-4 employees): The sick leave requirements for small employers depend on their net income:
- Employers with 0-4 employees and a net income of $1 million or less must provide up to 40 hours of unpaid sick leave per calendar year.
- Employers with 0-4 employees and a net income greater than $1 million must provide up to 40 hours of paid sick leave per calendar year.

To efficiently track and manage employee leave, employers can utilize employee leave management tools. These tools help streamline the process of monitoring accruals, usage, and remaining balances, ensuring that employees receive the sick leave they are entitled to under New York law.

By understanding the specific sick leave requirements based on employer size and income, businesses in New York can create policies that align with legal standards and support their employees' well-being.

Accrual, Eligibility, and Permitted Uses of Sick Leave in New York State

Under New York's paid sick leave law, employees begin accruing sick leave on September 30, 2020, or upon hire, whichever is later. The accrual rate is set at a minimum of one hour of sick leave for every 30 hours worked. Employers may choose to provide employees with the full amount of sick leave at the beginning of each calendar year, rather than using the accrual method.

Eligibility for sick leave extends to all private-sector employees in New York State, regardless of their industry, occupation, part-time status, or overtime exempt status. This inclusive approach ensures that a wide range of workers can benefit from the protections provided by the law.

Employees may use their accrued sick leave for various reasons related to their health or the health of their family members. Permitted uses include:

Seeking diagnosis, care, or treatment for a mental or physical illness, injury, or health condition.
Obtaining preventive medical care.
Caring for a family member with a mental or physical illness, injury, or health condition.
Addressing issues related to domestic violence, sexual assault, stalking, or human trafficking affecting the employee or their family member.

Understanding NYC's Paid Safe and Sick Leave Law

In addition to New York State's paid sick leave law, employers in New York City must also comply with the city's Paid Safe and Sick Leave Law. This law provides employees with the right to use safe and sick leave for the care and treatment of themselves or a family member, as well as to seek assistance or take safety measures if the employee or a family member may be the victim of domestic violence, unwanted sexual contact, stalking, or human trafficking.

Under NYC's Paid Safe and Sick Leave Law, employer responsibilities vary based on the number of employees and income:

Employers with 100 or more employees must provide up to 56 hours of paid leave each calendar year.
Employers with 5 to 99 employees must provide up to 40 hours of paid leave each calendar year.
Employers with four or fewer employees and a net income of $1 million or more must provide up to 40 hours of paid leave each calendar year.
Employers with four or fewer employees and a net income of less than $1 million must provide up to 40 hours of unpaid leave each calendar year.

Employers must allow employees to use safe and sick leave as it is accrued, with no waiting period for new hires. Employees can use this leave for unexpected absences without giving advance notice. Employers are required to provide employees with a written safe and sick leave policy that explains the benefit and how to use it.

To ensure compliance with NYC's Paid Safe and Sick Leave Law and other employee leave laws in New York, employers can leverage HR compliance software. These tools help businesses stay up-to-date with legal requirements, manage employee leave policies, and maintain accurate records.

Voting Leave in New York State

New York State law requires employers to provide employees with sufficient time off to vote in elections. Under the New York State Election Law, if an employee does not have four consecutive hours either between the opening of the polls and the beginning of their work shift, or between the end of their work shift and the closing of the polls, the employer must grant the employee time off to vote.

The amount of time off an employer must provide for voting leave depends on the employee's schedule:

If an employee has less than four consecutive hours off to vote either before or after their shift, the employer must provide them with up to two hours of paid time off to vote.
If an employee has more than four consecutive hours off to vote either before or after their shift, the employer is not required to provide additional time off to vote.

To be eligible for paid voting leave, employees must notify their employer at least two working days before the election. Employers have the right to designate whether the time off will be taken at the beginning or end of the employee's shift.

Additionally, employers are required to post a notice about voting leave rights at least 10 days before the election, and this notice must remain up until the polls close.

It's important for employers to be aware of these voting leave requirements to ensure compliance with New York State law and to support their employees' right to participate in the democratic process.

Paid Parental Leave in New York State

New York's Paid Family Leave (PFL) law provides eligible employees with job-protected, paid time off to bond with a new child, care for a family member with a serious health condition, or assist loved ones when a family member is deployed abroad on active military service. This comprehensive law, which is fully funded by employees through payroll deductions, offers a significant benefit for working parents in the state.

Under PFL, employees can take up to 12 weeks of paid leave to bond with a newborn, adopted, or fostered child within the first 12 months of the child's birth or placement. The amount of leave and wage replacement benefits have increased gradually since the law's implementation in 2018:

In 2024, eligible employees can take up to 12 weeks of leave at 67% of their average weekly wage, capped at 67% of the New York State Average Weekly Wage.

To be eligible for PFL, employees must have worked for their employer for at least 26 consecutive weeks (or 175 days for part-time employees). Employees are entitled to be reinstated to their same or a comparable position upon return from leave.

PFL also covers adoption leave, allowing employees to take paid time off to bond with their newly adopted child. This provision recognizes the importance of parental bonding, regardless of how the child joins the family.

By offering paid parental leave, New York State has taken a significant step in supporting working families and promoting work-life balance. Employers should familiarize themselves with the requirements of PFL and develop policies that comply with this important employee leave law.

Jury Duty Leave in New York

New York State law requires employers to provide employees with time off for jury duty, ensuring that they can fulfill their civic responsibilities without facing penalties or retaliation from their employer. Under the New York Judiciary Law, employers are prohibited from discharging, threatening, penalizing, or otherwise coercing employees who are summoned to serve as jurors.

While employers must allow employees to take time off for jury duty, they are not obligated to pay them for this time. However, some employers choose to offer paid jury duty leave as part of their benefits package to support their employees and minimize the financial impact of serving on a jury.

Employees who are called for jury duty must notify their employer in advance and provide a copy of the summons if requested. They should also keep their employer informed about the expected length of their service and any changes to their anticipated return date.

Upon completion of jury duty, employees are entitled to be reinstated to their previous position without any loss of seniority, benefits, or other rights. Employers cannot retaliate against employees for serving on a jury or require them to use vacation or other paid time off for this purpose.

By understanding and complying with New York's jury duty leave requirements, employers can demonstrate their commitment to supporting their employees' civic duties and maintain a positive, legally compliant workplace.

Employer Responsibilities Under New York Leave Laws

As an employer in New York, it is crucial to understand your responsibilities under the various employee leave laws. One key aspect is providing employees with written policies that clearly outline their rights and the procedures for requesting and using leave. These policies should cover all applicable leave laws, including New York Paid Sick Leave, PFL, and NYC's Paid Safe and Sick Leave Law.

In addition to written policies, employers must provide employees with information about their accrued and used leave balances on their paystubs or through an accessible electronic system. This transparency helps employees stay informed about their available leave and ensures compliance with recordkeeping requirements.

Employers must also maintain accurate records related to employee leave, including:

The amount of leave accrued and used by each employee
The dates when leave was used
The reasons for using leave, if provided by the employee

These records must be retained for at least six years and made available for inspection by the New York State Department of Labor upon request.

Finally, employers must be aware of the anti-retaliation provisions in New York's leave laws. It is illegal to retaliate against employees for exercising their rights to take leave, file complaints, or participate in investigations related to these laws. Employers who engage in retaliatory actions may face significant penalties and legal consequences.

To streamline compliance with New York's employee leave laws, consider implementing an all-in-one HR platform that simplifies leave management and recordkeeping.

By staying informed and proactive, employers can create a supportive work environment that meets both legal requirements and the needs of their employees.

Employee Rights and Protections in New York

New York's employee leave laws provide robust protections for workers who need to take time off for various reasons. Employees have the right to use their accrued leave without fear of retaliation or adverse employment actions. This means that employers cannot discipline, terminate, or otherwise penalize employees for exercising their rights under these laws.

When an employee takes leave under New York's Paid Sick Leave law, PFL, or NYC's Paid Safe and Sick Leave Law, they are entitled to job protection and restoration rights. Upon returning from leave, employees must be reinstated to their original position or a comparable one with equivalent pay, benefits, and other terms and conditions of employment.

To ensure transparency and compliance, employees have the right to request a summary of their leave accrual and usage from their employer. Employers must provide this information upon request and maintain accurate records of employee leave for at least six years.

If an employee believes their rights have been violated under any of New York's leave laws, they can file a complaint with the New York State Department of Labor or the New York City Department of Consumer and Worker Protection, depending on the specific law in question. These agencies investigate complaints and enforce compliance with the state's employee leave laws, protecting workers from unlawful practices.

Final Thoughts

Navigating the complexities of employee leave laws in New York can be challenging, but it's crucial for maintaining compliance and fostering a supportive work environment.

At GoCo, we understand the importance of staying up-to-date with these regulations and ensuring your policies align with state and local requirements. Book a demo with us today to learn how our all-in-one HR platform can help you manage employee leave, streamline compliance, and focus on what matters most – your people.