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New Guidance on New York Paid Sick Leave Released

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The New York State Department of Labor has released the long-awaited guidance on the New York State Paid Sick Leave. As previously reported, effective September 30, 2020, all New York State employers have to comply with the requirements of § 196-b of the New York Labor Law requiring that employers provide all of their employees with paid or unpaid sick leave.

Whether an employee is entitled to paid or unpaid leave, and the amount of leave an employee is entitled to, will depend on the employer’s size. Employees were to begin “accruing” Paid Sick Leave at a rate of 1 hour of leave for every 30 hours worked, however they may not start using this Paid Sick Leave until January 1, 2021.

The additional guidance includes information on the amount of leave, accruals, permitted uses, rate of pay, alternative accrual system, leave increments and other clarification on the new law. While the guidance provides some clarity, it still leaves many questions unanswered.

The additional guidance is available here along with a list of FAQs on the new Paid Sick Leave.

Please contact Caroline Organ at or 716-854-5034 with any questions or for help reviewing/revising your current policies.