S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7990
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 2021
                                ___________
 
 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:

   Section  1. Subdivisions 1 and 3 of section 196-b of the labor law, as
 added by section 1 of part J of chapter 56 of  the  laws  of  2020,  are
 amended to read as follows:
   1.  [Every  employer  shall  be required to provide its employees with
 sick leave as follows:]
   a. For employers with four or fewer FULL-TIME EQUIVALENT employees  in
 any  calendar  year,  each  employee  shall be provided with up to forty
 hours of unpaid sick leave in each calendar year; provided, however,  an
 employer  that  employs  four or fewer FULL-TIME EQUIVALENT employees in
 any calendar year and that has a net income of greater than one  million
 dollars  in the previous tax year shall provide each employee with up to
 forty hours of paid sick leave pursuant to this section[;].
   b. For employers [with between five and ninety-nine employees  in  any
 calendar year, each employee shall be provided with up to forty hours of
 paid sick leave in each calendar year; and
   c.  For  employers  with one hundred or more employees in any calendar
 year, each employee shall be provided with up to fifty-six hours of paid
 sick leave each calendar year] WHO DO NOT FALL UNDER THE  PROVISIONS  OF
 PARAGRAPH  A  OF  THIS  SUBDIVISION,  SUCH EMPLOYERS SHALL PROVIDE THEIR
 EMPLOYEES WITH SICK LEAVE AT A RATE OF NOT LESS THAN ONE HOUR PER  EVERY
 THIRTY  REGULAR  HOURS WORKED, AS SET FORTH IN SUBDIVISION THREE OF THIS
 SECTION.
   For purposes of determining the number of employees pursuant  to  this
 subdivision,  a  calendar  year  shall mean the twelve-month period from
 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.
              

                                                            LBD10285-03-1

 A. 7990                             2
 
 calendar  year  shall  either  mean the twelve-month period from January
 first through  December  thirty-first,  or  a  regular  and  consecutive
 twelve-month period, as determined by an employer.
   3.  Employees  shall  accrue sick leave at a rate of not less than one
 hour per every thirty REGULAR hours worked, beginning at  the  commence-
 ment  of  employment or the effective date of this section, whichever is
 later, subject to the use and accrual  limitations  set  forth  in  this
 section.    FOR  PURPOSES OF THIS SECTION "REGULAR HOURS" SHALL MEAN THE
 HOURS A NONEXEMPT EMPLOYEE MAY SPEND DOING WORK FOR HIS OR HER  EMPLOYER
 WITHOUT BEING ENTITLED TO OVERTIME PAY.
   § 2. This act shall take effect immediately.