N.Y. Labor Law § 196-b: Sick leave requirements

§ 196-b. Sick leave requirements. 1. Every employer shall be required

to provide its employees with sick leave as follows:

a. For employers with four or fewer employees in any calendar year,

each employee shall be provided with up to forty hours of unpaid sick

leave in each calendar year; provided, however, an employer that employs

four or fewer employees in any calendar year and that has a net income

of greater than one million dollars in the previous tax year shall

provide each employee with up to forty hours of paid sick leave pursuant

to this section;

b. For employers with between five and ninety-nine employees in any

calendar year, each employee shall be provided with up to forty hours of

paid sick leave in each calendar year; and

c. For employers with one hundred or more employees in any calendar

year, each employee shall be provided with up to fifty-six hours of paid

sick leave each calendar year.

For purposes of determining the number of employees pursuant to this

subdivision, a calendar year shall mean the twelve-month period from

January first through December thirty-first. For all other purposes, a

calendar year shall either mean the twelve-month period from January

first through December thirty-first, or a regular and consecutive

twelve-month period, as determined by an employer.

2. Nothing in this section shall be construed to prohibit or prevent

an employer from providing an amount of sick leave, paid or unpaid, or

paid prenatal personal leave which is in excess of the requirements set

forth in subdivision one and subdivision four-a of this section, or from

adopting a paid leave policy that provides additional benefits to

employees. An employer may elect to provide its employees with the total

amount of sick leave required to fulfill its obligations pursuant to

subdivision one of this section at the beginning of the calendar year,

provided, however that no employer shall be permitted to reduce or

revoke any such sick leave based on the number of hours actually worked

by an employee during the calendar year if such employer elects pursuant

to this subdivision.

3. Employees shall accrue sick leave at a rate of not less than one

hour per every thirty hours worked, beginning at the commencement of

employment or the effective date of this section, whichever is later,

subject to the use and accrual limitations set forth in this section.

4. a. On and after January first, two thousand twenty-one and upon the

oral or written request of an employee, an employer shall provide

accrued sick leave for the following purposes:

(i) for a mental or physical illness, injury, or health condition of

such employee or such employee's family member, regardless of whether

such illness, injury, or health condition has been diagnosed or requires

medical care at the time that such employee requests such leave;

(ii) for the diagnosis, care, or treatment of a mental or physical

illness, injury or health condition of, or need for medical diagnosis

of, or preventive care for, such employee or such employee's family

member; or

(iii) for an absence from work due to any of the following reasons

when the employee or employee's family member has been the victim of

domestic violence pursuant to subdivision thirty-four of section two

hundred ninety-two of the executive law, a family offense, sexual

offense, stalking, or human trafficking:

(a) to obtain services from a domestic violence shelter, rape crisis

center, or other services program;

(b) to participate in safety planning, temporarily or permanently

relocate, or take other actions to increase the safety of the employee

or employee's family members;

(c) to meet with an attorney or other social services provider to

obtain information and advice on, and prepare for or participate in any

criminal or civil proceeding;

(d) to file a complaint or domestic incident report with law

enforcement;

(e) to meet with a district attorney's office;

(f) to enroll children in a new school; or

(g) to take any other actions necessary to ensure the health or safety

of the employee or the employee's family member or to protect those who

associate or work with the employee.

For purposes of this subdivision, the reasons outlined above in

subparagraph (a) through (g) must be related to the domestic violence,

family offense, sexual offense, stalking, or human trafficking. Provided

further that a person who has committed such domestic violence, family

offense, sexual offense, stalking, or human trafficking shall not be

eligible for leave under this subdivision for situations in which the

person committed such offense and was not a victim, notwithstanding any

family relationship.

b. For purposes of this section, "family member" shall mean an

employee's child, spouse, domestic partner, parent, sibling, grandchild

or grandparent; and the child or parent of an employee's spouse or

domestic partner. "Parent" shall mean a biological, foster, step- or

adoptive parent, or a legal guardian of an employee, or a person who

stood in loco parentis when the employee was a minor child. "Child"

shall mean a biological, adopted or foster child, a legal ward, or a

child of an employee standing in loco parentis.

4-a. In addition to the sick leave provided for in this section, on

and after January first, two thousand twenty-five, every employer shall

be required to provide to its employees twenty hours of paid prenatal

personal leave during any fifty-two week calendar period. Paid prenatal

personal leave shall mean leave taken for the health care services

received by an employee during their pregnancy or related to such

pregnancy, including physical examinations, medical procedures,

monitoring and testing, and discussions with a health care provider

related to the pregnancy. Paid prenatal personal leave may be taken in

hourly increments. Benefits for paid prenatal personal leave shall be

paid in hourly installments. Employees shall receive compensation at the

employee's regular rate of pay, or the applicable minimum wage

established pursuant to section six hundred fifty-two of this chapter,

whichever is greater, for the use of paid prenatal personal leave.

Nothing in this section shall be construed to require an employer to pay

an employee for unused paid prenatal leave upon such employee's

termination, resignation, retirement, or other separation from

employment.

5. a. An employer may not require the disclosure of confidential

information relating to a mental or physical illness, injury, or health

condition of such employee or such employee's family member, or

information relating to absence from work due to domestic violence, a

sexual offense, stalking, or human trafficking, as a condition of

providing sick leave or paid prenatal personal leave pursuant to this

section.

b. An employer may set a reasonable minimum increment for the use of

sick leave which shall not exceed four hours. Employees shall receive

compensation at his or her regular rate of pay, or the applicable

minimum wage established pursuant to section six hundred fifty-two of

this chapter, whichever is greater, for the use of paid sick leave.

6. An employee's unused sick leave shall be carried over to the

following calendar year, provided, however, that: (i) an employer with

fewer than one hundred employees may limit the use of sick leave to

forty hours per calendar year; and (ii) an employer with one hundred or

more employees may limit the use of sick leave to fifty-six hours per

calendar year. Nothing in this section shall be construed to require an

employer to pay an employee for unused sick leave upon such employee's

termination, resignation, retirement, or other separation from

employment.

7. No employer or their agent, or the officer or agent of any

corporation, partnership, or limited liability company, or any other

person, shall discharge, threaten, penalize, or in any other manner

discriminate or retaliate against any employee because such employee has

exercised their rights afforded under this section, including, but not

limited to, requesting sick leave or paid prenatal leave and using sick

leave or paid prenatal leave, consistent with the provisions of section

two hundred fifteen of this chapter.

8. An employer shall not be required to provide any additional sick

leave pursuant to this section if the employer has adopted a sick leave

policy or time off policy that provides employees with an amount of

leave which meets or exceeds the requirements set forth in subdivision

one of this section and satisfies the accrual, carryover, and use

requirements of this section.

9. Nothing in this section shall be construed to: a. prohibit a

collective bargaining agreement entered into, on or after the effective

date of this section from, in lieu of the leave provided for in this

section, providing a comparable benefit for the employees covered by

such agreement in the form of paid days off; such paid days off shall be

in the form of leave, compensation, other employee benefits, or some

combination thereof; or

b. impede, infringe, or diminish the ability of a certified collective

bargaining agent to negotiate the terms and conditions of sick leave

different from the provisions of this section.

Provided, however, that in the case of either paragraph a or b of this

subdivision, the agreement must specifically acknowledge the provisions

of this section.

10. Upon return to work following any sick leave or paid prenatal

leave taken pursuant to this section, an employee shall be restored by

their employer to the position of employment held by such employee prior

to any sick leave or paid prenatal leave taken pursuant to this section

with the same pay and other terms and conditions of employment.

11. Upon the oral or written request of an employee, an employer shall

provide a summary of the amounts of sick leave accrued and used by such

employee in the current calendar year and/or any previous calendar year.

The employer shall provide such information to the employee within three

business days of such request.

12. Nothing in this section shall be construed to prevent a city with

a population of one million or more from enacting and enforcing local

laws or ordinances which meet or exceed the standard or requirements for

minimum hour and use set forth in this section, as determined by the

commissioner. Any paid sick leave benefits provided by a sick leave

program enforced by a municipal corporation in effect as of the

effective date of this section shall not be diminished or limited as a

result of the enactment of this section.

13. The commissioner shall have authority to adopt regulations and

issue guidance to effectuate any of the provisions of this section.

Employers shall comply with regulations and guidance promulgated by the

commissioner for this purpose which may include but are not limited to

standards for the accrual, use, payment, and employee eligibility of

sick leave.

14. The department shall conduct a public awareness outreach campaign

which shall include making information available on its website and

otherwise informing employers and employees of the provisions of this

section.