Search
Close this search box.

New York Law Alert August 27th, 2020 – New York Sick Leave

pexels-pixabay-290386

New York Law Alert August 27th, 2020 – New York Sick Leave

New York Sick Leave
Starting on September 30, 2020, all employees in New York will begin to accrue protected sick leave. This leave will not be available for use until January 1, 2021.

All employers are required to provide protected sick leave, but the amount and whether it’s paid will depend on their size and net income:4 or fewer employees and net income of $1 million or less: 40 hours, unpaid4 or fewer employees and net income of more than $1 million: 40 hours, paid5–99 employees: 40 hours, paid100+ employees: 56 hours, paidEmployees will accrue one hour of sick leave for every 30 hours worked. Accrual begins on September 30, 2020, or the employee’s first day of work, whichever is later.

Unused sick leave will roll over into a new benefit year, but employers can limit yearly use to 40 hours if they have 99 or fewer employees, and 56 hours if they have 100 or more. We do not know yet whether front loading or lump sum systems will be allowed, but we expect that they will be and will update the HR Support Center when that information becomes available.

Unused sick leave does not have to be paid out at termination.

Employees may use their sick leave for any of the following:A mental or physical illness, injury, or health condition of the employee or their family member (regardless of whether it has been diagnosed or requires medical care when the employee requests leave);The diagnosis, care, or treatment of a mental or physical illness, injury, or health condition of, or need for medical diagnosis of, or preventive care for the employee or their family member; orCertain reasons related to domestic violence, a family offense, a sexual offense, stalking, or human trafficking of the employee or their family member (unless the employee committed the offense).Employers that already have sick leave plans at least as generous as that required by the state do not need to change their offering. Employers who are subject to local sick leave laws must offer the higher level of benefits, whether that’s under local or state law.

We anticipate additional guidance and regulations from the state (for instance, a required poster and a webpage with FAQs) prior to January 1, 2021, but the information currently available is limited to the text of the statute. We will update the HR Support Center as new information becomes available.

Leave a Reply

Your email address will not be published. Required fields are marked *

Related posts

Commercial Auto

Around the P&C Insurance Industry: November 20, 2024

Porsche Auto Insurance:Launched an unlimited insurance product for high-mileage Porsche owners driving over 10,000 miles annually. This complements their pay-per-mile policies, allowing owners to choose fixed premiums or mileage-based options. Multiple vehicles on a single policy can also have mixed coverage. Safeco Insurance:Entered a book transfer agreement with Main Street America Insurance, enhancing its personal lines presence in 22 states. Main Street America is shifting focus to commercial lines, including commercial products and bonds. Resilient Cities Network & Tokio Marine Group:Partnered to bolster urban resilience projects. The collaboration supports the Resilience Finance Taskforce, helping cities globally scale investment strategies for resilience and climate adaptation. Skyward Specialty Insurance Group:Introduced life sciences liability coverage tailored for the life sciences industry, addressing risks such as medical liability, errors and omissions, and general liability. This strategic move supports the complex insurance needs of healthcare innovators. AAIS Partner Program:Welcomed Sproutr, offering AAIS members access to tools and services that streamline operations and foster growth in insurance processes. Duck Creek Technologies:Opened its second Center of Excellence in Warsaw, Poland, enhancing global customer service capabilities, particularly in Europe, the Middle East, Africa, and the Asia-Pacific regions. Liberty Mutual & Coursera:Launched an entry-level course, Insurance Sales Agent, to train learners in risk management, sales, and ethical practices, equipping them for careers in insurance sales. World Insurance Associates:Acquired United Counties Insurance Group of Old Bridge, NJ, expanding its regional operations. Previsico:Unveiled Instacasting, a flood mitigation solution using rainfall data for real-time surface water flood predictions, enabling faster and more precise response strategies.

Read More
COVID-19

Live Event Insurance: Navigating New Risks in a Post-Pandemic World

The surge in live events after COVID-19 has brought a new wave of challenges for venues. Whether hosting concerts, sports games, or festivals, ensuring adequate insurance coverage has become critical for managing increasing risks. Venue owners and operators must reevaluate their general liability and other insurance policies to safeguard against potential liabilities. The Risks Facing Entertainment Venues Imagine hosting a packed concert where pyrotechnics go awry or a brawl breaks out. These incidents can lead to lawsuits, legal fees, and insurance claims that could devastate your business if not adequately prepared. Proper coverage and legal risk management are the backbone of every successful venue. Tools for Managing Liability: Exculpatory Language To mitigate risks, venues often employ exculpatory language, such as disclaimers on tickets or websites. In New York, for example, these clauses can limit a venue’s liability for certain incidents, excluding cases of gross negligence. However, courts mandate that such language must be clear, bold, and conspicuous to be enforceable. Online ticket purchases further enhance risk management through clickwrap agreements. These agreements require customers to actively confirm their understanding of terms, adding another layer of legal protection. Understanding Assumption of Risk For recreational activities like concerts or sporting events, the doctrine of primary assumption of risk is another legal shield. It protects venues when attendees willingly accept inherent risks of the activity, such as injuries from a mosh pit. However, it does not cover negligence in venue maintenance or security lapses. Maximizing Insurance Coverage Given the complexities of live event liability, venue owners must ensure their insurance policies address all potential scenarios. Key steps include: Compliance and Risk Mitigation Under New York Insurance Law § 3420(d)(2), insurers are required to respond promptly to liability claims. Delays can result in waived defenses, placing greater responsibility on the insurer. Staying compliant with such laws is essential for efficient risk management. Preparing for the Unexpected The post-pandemic resurgence of live events highlights the importance of a robust risk management strategy. Regularly updating exculpatory language, reviewing contracts, and optimizing insurance coverage ensures venues are well-prepared to handle unforeseen challenges. At Skyscraper Insurance, we specialize in tailoring comprehensive insurance solutions for entertainment venues. From general liability to vendor contracts, our team can help you set the stage for success while managing risks effectively. Contact us today to learn more about protecting your venue and your business.

Read More
Try your instant quote