NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5322
SPONSOR: DiPietro TITLE OF BILL:
An act to amend the labor law, in relation to paid sick leave provided
by employers with full-time employee equivalents
PURPOSE OR GENERAL IDEA OF BILL:
To amend state labor law mandated allocations of sick leave to reflect
employees hours and duration of employment.
SUMMARY OF PROVISIONS:
Sectionl. Subdivision 1 of section 196-b of the labor law, as added by
section i of part 3 of chapter 56 of the laws of 2020 is amended
Section 2. This act shall take effect immediately.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Existing law 198-B
JUSTIFICATION:
In 2020, the New York.State Legislature passed mandatory minimum paid
sick leave requirements to prevent workers from experiencing financial
hardships due to illness. Recognizing the importance of paid time off,
it is also important to focus on the loss of income businesses have
experienced during the COVID-19 pandemic with many closing their doors
permanently or hanging on by a thread.
This bill seeks to correct and unintended consequence of an inequitable
burden placed on employers. This measure would provide a better balance
approach regarding paid sick leave for both employers and employees.
Specifically, it will restructure the determination of employees to
full-time equivalents for employers with four or fewer employees, and
will alleviate the frontload of sick time accruals for everyone else.
By reallocating the sick leave allotments to reflect hours worked, full-
time, part-time, temporary, probationary, or other status employees
receive sick time in a manner that better reflects time on the job.
As with the previous bill, no section of this law should be construed to
prevent an employer from offering more sick leave or other paid time off
compensation than is outlined here..
PRIOR LEGISLATIVE HISTORY:
2022: A 6566 Referred to Labor
2023-2024: A 6527/S 1075- Referred to Labor.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
5322
2025-2026 Regular Sessions
IN ASSEMBLY
February 13, 2025
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to paid sick leave provided
by employers with full-time employee equivalents
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 3 of section 196-b of the labor law, as
2 added by section 1 of part J of chapter 56 of the laws of 2020, are
3 amended to read as follows:
4 1. [Every employer shall be required to provide its employees with
5 sick leave as follows:]
6 a. For employers with four or fewer full-time equivalent employees in
7 any calendar year, each employee shall be provided with up to forty
8 hours of unpaid sick leave in each calendar year; provided, however, an
9 employer that employs four or fewer full-time equivalent employees in
10 any calendar year and that has a net income of greater than one million
11 dollars in the previous tax year shall provide each employee with up to
12 forty hours of paid sick leave pursuant to this section[;].
13 b. For employers [with between five and ninety-nine employees in any
14 calendar year, each employee shall be provided with up to forty hours of
15 paid sick leave in each calendar year; and
16 c. For employers with one hundred or more employees in any calendar
17 year, each employee shall be provided with up to fifty-six hours of paid
18 sick leave each calendar year] who do not fall under the provisions of
19 paragraph a of this subdivision, such employers shall provide their
20 employees with sick leave at a rate of not less than one hour per every
21 thirty regular hours worked, as set forth in subdivision three of this
22 section.
23 For purposes of determining the number of employees pursuant to this
24 subdivision, a calendar year shall mean the twelve-month period from
25 January first through December thirty-first. For all other purposes, a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04470-01-5
A. 5322 2
1 calendar year shall either mean the twelve-month period from January
2 first through December thirty-first, or a regular and consecutive
3 twelve-month period, as determined by an employer.
4 3. Employees shall accrue sick leave at a rate of not less than one
5 hour per every thirty regular hours worked, beginning at the commence-
6 ment of employment or the effective date of this section, whichever is
7 later, subject to the use and accrual limitations set forth in this
8 section. For purposes of this section "regular hours" shall mean the
9 hours a nonexempt employee may spend doing work for such nonexempt
10 employee's employer without being entitled to overtime pay.
11 § 2. This act shall take effect immediately.
