In April, Governor Andrew Cuomo signed into law the fiscal year 2021 NYS budget, which includes a mandatory Paid Sick Leave (NYSPSL) requirement. The NYSPSL applies to all private employers in NYS regardless of size or number of employees. The effective date for employees to begin accruing paid sick leave is September 30, 2020, with accrued leave available for use beginning January 1, 2021, retroactive to September 30. While legislation has been passed, employers are still waiting for the release of final regulations to help guide them in the application of this new employee benefit.
What we know based on our employer size:
The law requires employers with 100 or more employees to provide employees with up to fifty-six (56) hours of paid sick leave each calendar year. Employees accrue paid sick leave at a rate of one (1) hour for every thirty (30) hours worked. For most positions, the University’s established leave time exceeds the new state requirements and we expect some changes to our existing leave plans. This will apply to all classifications, including exempt (salaried) employees and the University will need to meet NYS guidelines on accruing and tracking requirements for leave accruals, eligibility, and leave time usage. Human Resources will work with Payroll and OIT to update our current tracking systems to include the new requirements.
NYSPSL will be allowed to use for the following reasons:
· A mental or physical illness, injury, or health condition of the employee or the employee’s family member, regardless of whether the illness, injury or health condition has been diagnosed or requires medical care at the time that the employee requests leave;
· The diagnosis, care, or treatment of mental or physical illness, injury, or health condition of – or need for medical diagnosis of, or preventive care for – the employee or the employee’s family member; or
· An absence from work when the employee or employee’s family member has been the victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking.
Human Resources will provide employees with more information as the state regulations are released to employers and our tracking/recording systems is updated for use.
Thank you,
Human Resources
