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
