S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6566
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee 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

 S. 6566                             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.