New York’s labor laws have comprehensive provisions regarding paid time off for employees in the city. These laws define and regulate how employers address employees’ paid time off requirements under different circumstances.
Like any other state law, the New York State paid time off laws also aim to strike a balance between the needs of employers and the well-being of their workforce.
Whether you are an employer based in New York or an individual working for an establishment in the city, knowing New York paid time off laws will serve both.
Let’s look at various New York state PTO categories, requirements, and nuances.
Table of Contents
Yes, paid time off is a crucial aspect of employment in New York. The state has established a set of regulations that allow employees to take paid time off from work. For instance, the New York State Sick Leave Law (NYSSLL) makes it mandatory for a business with over five workers or a net income of $1 million to provide paid sick and safe leave to employees.
The paid time off for safe leave allows a qualifying employee to take time off if the employee or their family member has been the victim of domestic violence. Additionally, the employees must be paid at the normal rate or the applicable minimum wage rate, whichever is greater.
Under the paid time off law, employees in New York State accrue sick and safe leave at the rate of one hour off for every thirty hours worked.
These laws apply to all private-sector employees, irrespective of their industry, occupation, or type of employment.
Awareness of the laws related to different kinds of leaves benefits employers and employees. Also, these regulations may change over time, so you should have the most accurate and up-to-date information on these laws.
New York has no specific law mandating paid or unpaid vacation leave. Therefore, the decision to provide paid time off is at the sole discretion of the employers.
If an employer chooses to offer paid or unpaid vacation leave, the policies for such leaves must adhere to New York labor law section 198-c . Also, companies must communicate clearly about the accrual, usage, and forfeiture of vacation time.
The New York State Sick Leave Law regulates decisions regarding sick leaves at a private workspace. The law took effect on April 3, 2020. Under this law:
Eligible employees accrue sick leave at a rate of one hour for every 30 hours worked.
Employers with four or fewer employees and a net income of less than $1 million must provide up to 40 hours of unpaid sick leave.
Employers with more than four employees must provide up to 40 hours of paid sick leave.
Employers with over 100 employees must provide 56 hours of paid sick leave per year.
New York state does not mandate private employers to provide paid holidays. However, some businesses may require employees to work on holidays. Still, employers are not obligated to pay employees premium wages, i.e., one and a half times the regular wage , to work on holidays.
Offering paid time off for holidays or overtime is generally at the employer’s discretion. It’s crucial for employers offering holiday leave benefits to clearly communicate their holiday leave policies and comply with the terms of the employment contract.
New York Labor Law requires employers to provide employees with time off for jury duty. Under the law, employers must pay employees regular wages (up to $40) for the first three days of jury duty.
Employers are not required to pay for the rest of the days spent on jury duty. Also, they cannot penalize employees for fulfilling this civic duty under the New York Judiciary Code 519.
No New York State laws mandate bereavement or funeral leave for employees. Typically, all businesses allow employers to take time off, also known as bereavement leave, in the event of a death in the family or a close relative.
If an employer offers bereavement leave, all the policies regarding bereavement or funeral leave should be available to the employees.
Under the New York Labor Law, there is no provision regarding employers offering severance pay to the departing employees. Severance pay is typically offered at the employer’s discretion and is often outlined in employment contracts, collective bargaining agreements, or company policies.
Employers offering severance pay must clearly outline the terms and conditions under which it is offered, such as length of service, the reason for separation, and any other relevant factors in the work agreement.
New York’s Paid Family Leave (PFL) program allows eligible employees to take up to 12 weeks off at 67% of their wage. As per the program, the family leave covers bonding with a new child, caring for a family member with a serious health condition, or assisting with family matters when a family member is called to active military service.