Tag: Sick Leave Law

New York Department of Labor Issues New Rules for State's Sick Leave Law The New York Department of Labor has recently introduced long-awaited rules clarifying the state's Paid Sick and Safe Leave Law which went into effect more than a year ago. These new rules provide definitions for terms and address three different topics, including required documentation, how employers can determine the number of employees for sick leave entitlement, how to calculate an employee's sick leave accrual, and carryover of leave. Documentation Employers are forbidden from requesting medical verification for sick leave lasting longer than three workdays or shifts. For three or more workdays, employers are allowed to require documentation; however, they are limited to an attestation from: A licensed medical provider who supports the need for leave and the amount needed and the date the employee can return. The employee attests that they are eligible for the leave. Employers may not require employees to provide the reason for the leave or any confidential information such as the nature of an illness. Additionally, employers may not require employees to bear any costs for requiring documentation. Determining an Employer's Size The Sick Leave Law requires employers to provide a certain amount of leave based upon the size of their workforce. This will also determine how much of this leave is paid. The number of employees and resulting amounts required is: At four or fewer employees, an employer must provide 40 hours of leave which may be unpaid if annual revenue is below $1 million. At 5 to 95 employees, an employer must provide 40 paid hours. Employers with 100 or more employees must provide 56 or more hours. In contrast to its previous guidance, the DOL has stated that employers should count all of their employees nationwide in making this determination. This will be determined by the highest number of employees concurrently employed in a calendar year, and even if the number used drops to a lower threshold, the cap can only be lowered in the following year. Notably, though the count may be nationwide, employers need only provide those working in New York with this sick leave. Determining Leave Accrual Under the Sick Leave Law, employees will accrue one hour of leave for every 30 work hours. Therefore, for finding leave in increments of less than 30 hours, an employer may round to the nearest five minutes, a tenth of an hour, or a quarter of an hour. However, this rounding may not lead to failure to provide accrual of leave over time. Carryover of Leave Employers are required to carry unused sick leave over to the following calendar year, even in cases where sick leave is "front-loaded" at the start of the year. However, employers may offer employees the option to voluntarily elect to use their paid sick leave before the end of the year or to carry it over. Employers may also only allow employees to carry over unused sick leave. No matter what an employer does choose, employers are permitted to cap sick leave to either 40 or 56 hours, depending on the appropriate threshold. Employer Takeaways Employers should consider reviewing their current leave policies to ensure compliance with these rules. Also, relevant personnel, including supervisors, managers, and HR, should all be trained on how these rules should be applied in the workplace. Pre-employ offers free resources to help you stay compliant in your hiring practices. Also, check out our guide on 5 Tips To Avoid FCRA Non-Compliance to keep your company up-to-date. STAY COMPLIANT WITH YOUR BACKGROUND CHECKS

Tag: Sick Leave Law

New York Department of Labor Issues New Rules for State’s Sick Leave Law

Our Process

Our Platform

Screenings

For Your Industry

For Your Role

Webinar

Resources Library

Logins

E-Book

Services

Industry

Resources

Our Company