NY State Updates its New Paid Sick Leave Law with an FAQ

Thursday, October 29, 2020
Michael Bivona
gavel scale


New York State has released a new FAQ for its Paid Sick Leave law (NYPSL). The FAQ has clarified issues relating to many aspects of NYPSL:
1. Eligible Hours: Paid sick leave will only be accrued for hours worked (including training time, travel time, and on-call time), not necessarily hours paid; 
2. Meaning of “Preventative Care”:  “preventative care” includes visits to the doctor/dentist, thus leave may be used for these purposes; 
3. Which Employees Are Eligible: ALL employees are immediately eligible to accrue leave;
4. Joint Owner Responsibilities: In a joint-ownership of a business, both employers are jointly and severally liable for the provision of sick leave under the law;
5. Obligations of Employers with Less than 4 Employees: Even an employer with 3 or fewer employees is obligated to provide paid sick leave if the business has over $1 million in net income;
6. Out-of-State Employers: Employers must provide the leave to employees who work in New York State, even if the employer is physically located outside the state;
7. Rate of Pay for Tipped Employees: Employers must pay regular rate of pay to tipped employees while out on NYPSL and may not take a tip credit against this time; 
8. Union Employees: Collective bargaining agreements may overrule NYPSL law, so long as the benefits are comparable AND the CBA specifically labels which benefits are meant to be comparable to NYPSL (specifically acknowledging Labor Law Section 196-b);
9. Interaction with New York Sick and Safe Leave: For City Employees, New York City Safe and Sick Leave will continue to be enforced to the extent that its benefits meet or exceed NYPSL requirements;
10. Leave Concurrence: An employer may allow PFL to run concurrently with NYPSL and collect full salary during leave; 
11. Employee Notice Requirement: There is no specific time period requirement for employee notice of need to use leave; 

New York State will likely be releasing more companion pieces to this FAQ before the implementation of this new leave in 2021. The FAQ can be found on the state’s new NYPSL website HERE



For more Healthcare Reform/Compliance News, please visit our Insights Page. As always, for all of your compliance concerns please reach out to our Compliance Team:


Heather Reynolds, ESQ
CCO - Administrative Officer
FNA Insurance Services, Inc.
516-348-7199 | [email protected]

Michael Bivona
Compliance Paralegal
FNA Insurance Services, Inc.
516-348-7135 | [email protected]