What are my legal obligations as an employer in New York regarding sick leave for my employees?

As an employer in New York, it is important to understand the legal obligations regarding sick leave for your employees. The following information regarding sick leave laws in New York is based on current laws and legal precedents in the relevant jurisdiction and is for general informational purposes only. It is recommended that you consult with a licensed attorney for specific legal advice regarding your particular business.

Under New York State law, employers with five or more employees must provide paid sick leave to their employees. The amount of sick leave an employee is entitled to depends on the size and net income of the employer.

Employers with fewer than five employees must provide unpaid sick leave to their employees. However, if an employer has a net income of more than one million dollars in the previous tax year, they must provide paid sick leave.

Employees accrue sick leave at a rate of one hour for every 30 hours worked, up to a maximum of 40 hours per year for employers with fewer than 100 employees, and up to a maximum of 56 hours per year for employers with 100 or more employees.

Employees may use sick leave for their own illness or to care for a family member's illness, including children, spouses, domestic partners, parents, siblings, grandparents, grandchildren, and the child or parent of the employee's spouse or domestic partner.

Employers must allow employees to carry over unused sick leave to the following year, although employers may limit the use of sick leave to a maximum of 40 or 56 hours per year, depending on the size of the employer.

Employers cannot retaliate against employees for using sick leave or for exercising their rights under the sick leave law. Employers must also provide notice to employees of their right to sick leave.

It is important to note that there are limitations and exceptions to the above rules. For example, certain employees, such as those covered by a collective bargaining agreement, may be exempt from the sick leave law. There may also be different sick leave requirements under local laws, such as New York City's Earned Safe and Sick Time Act.

If you are unsure about your legal obligations as an employer regarding sick leave for your employees, it is recommended that you consult with a licensed attorney who can provide you with specific legal advice based on your particular business needs.