New York Adopts Final Regulations for Paid Sick Leave
The New York State Department of Labor has adopted final regulations for the state’s paid sick leave law.
Published: 01.07.2022
The New York State Department of Labor has adopted final regulations for the state’s paid sick leave law. The regulations are unchanged from the Dec. 9, 2020, proposed regulations and cover the topics of definitions, documentation, employee count and accruals. Key provisions are highlighted below.Definitions
The regulations include definitions for the terms "confidential information," "domestic partner," "net income" and "preventative medical care," among others.
Documentation
Under the regulations, employers are permitted to request documentation for leave of three or more consecutive workdays or shifts, in the form of:
- An attestation from a licensed medical provider supporting the need for sick leave, the amount of leave needed, and a date that the employee may return to work; or
- An attestation from an employee of their eligibility for leave.
Employee Counts
An employer’s number of employees is the highest number of employees employed at any point during the calendar year. A reduction in the number of employees does not reduce employee leave entitlements until the following calendar year. The regulations provide leave accrual rules for cases where employers increase their number of employees.
Accruals
Employers may round to the nearest five minutes or tenth or quarter of an hour when calculating accruals for time worked in increments of less than 30 hours.
Source: Zywave HR360
