New York Paid Sick Leave (PSL)

On April 3, 2020, Gov. Andrew Cuomo signed the New York state budget for 2021, which includes a permanent sick leave program for employees, effective Jan. 1, 2021.

The legislation differentiates between employers of different size in providing for the following amounts of leave for employees.

• Employers with four or fewer employees must provide five days of job-protected unpaid sick leave per year.
• Employers with between five and 99 employees must provide at least five days of job-protected paid sick leave per year.
• Employers with 100 or more employees must provide at least seven days of job-protected paid sick leave per year.

It is important for employers to note that the new legislation provides the minimum number of sick days to which employees are entitled. Employers who already provide sick days beyond what the statute requires may continue to comply with their existing policies. Additionally, employers in New York City must abide by the New York City Paid Sick Leave Law, which provides 40 hours of paid sick leave to eligible employees per year.