S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4304
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 enacting  the  "paid  sick
   leave act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The labor law is amended by adding a  new  article  5-A  to
 read as follows:
                                 ARTICLE 5-A
                              PAID SICK LEAVE
 SECTION 171. SHORT TITLE.
         172. DEFINITIONS.
         173. ACCRUAL OF PAID SICK LEAVE.
         174. USE OF PAID SICK LEAVE.
         175. NOTICE AND POSTING.
         176. EMPLOYER RECORDS.
         177. EXERCISE OF RIGHTS PROTECTED; RETALIATION PROHIBITED.
         178. ENFORCEMENT.
         179. WAIVER BY COLLECTIVE BARGAINING.
         180. MINIMUM REQUIREMENTS.
         181. SEVERABILITY.
   §  171.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "PAID SICK LEAVE ACT".
   § 172. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "EMPLOYEE" MEANS ANY INDIVIDUAL WHO PERFORMS SERVICES FOR AND UNDER
 THE CONTROL AND DIRECTION OF AN EMPLOYER FOR WAGES  OR  OTHER  REMUNERA-
 TION.
   2. "EMPLOYER" MEANS ANY PERSON, FIRM, PARTNERSHIP, INSTITUTION, LIMIT-
 ED  LIABILITY  COMPANY,  CORPORATION  OR ASSOCIATION THAT EMPLOYS ONE OR
 MORE EMPLOYEES; AND THE STATE, ANY POLITICAL  SUBDIVISION  THEREOF,  ANY
 DEPARTMENT,  BOARD,  BUREAU,  DIVISION,  COMMISSION,  COMMITTEE,  PUBLIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08281-01-5
              

 S. 4304                             2
 
 AUTHORITY, PUBLIC CORPORATION, COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL
 ENTITY  PERFORMING  A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE
 OR ANY POLITICAL SUBDIVISION THEREOF.
   3. "PAID SICK LEAVE" MEANS THE PAYMENT OF THE FULL WAGES OF AN EMPLOY-
 EE  DURING  ANY  PERIOD OF SUCH EMPLOYEE'S ABSENCE FROM THEIR EMPLOYMENT
 BECAUSE OF ILLNESS, INJURY, MEDICAL CONDITION, NEED FOR MEDICAL  DIAGNO-
 SIS  OR TREATMENT FOR THEMSELF OR THEIR CHILD, SPOUSE, PARENT, GRANDPAR-
 ENT, GRANDCHILD, SIBLING, OR AUNT OR UNCLE.
   4. "SMALL BUSINESS" MEANS AN EMPLOYER WITH  LESS  THAN  TEN  EMPLOYEES
 DURING ANY WEEK.
   §  173.  ACCRUAL  OF  PAID SICK LEAVE. 1. FOR EMPLOYEES EMPLOYED BY AN
 EMPLOYER IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS  ARTICLE,  PAID
 SICK  LEAVE  WITH SUCH EMPLOYER SHALL BEGIN TO ACCRUE UPON THE EFFECTIVE
 DATE OF THIS ARTICLE. FOR EMPLOYEES  WHO  COMMENCE  EMPLOYMENT  WITH  AN
 EMPLOYER  AFTER THE EFFECTIVE DATE OF THIS ARTICLE, PAID SICK LEAVE WITH
 SUCH EMPLOYER SHALL BEGIN TO ACCRUE  ON  THE  NINETIETH  DAY  AFTER  THE
 COMMENCEMENT OF SUCH EMPLOYMENT.
   2.  PAID  SICK  LEAVE SHALL ACCRUE AT A RATE OF ONE HOUR OF SUCH LEAVE
 FOR EVERY TWENTY HOURS WORKED BY THE EMPLOYEE FOR THEIR  EMPLOYER.  PAID
 SICK LEAVE SHALL ACCRUE IN WHOLE HOUR INCREMENTS.
   3.  NO  EMPLOYEE  SHALL  ACCRUE,  AT ANY ONE PERIOD OF TIME, MORE THAN
 EIGHTY HOURS OF PAID SICK LEAVE; PROVIDED, HOWEVER, THAT THE EMPLOYEE OF
 A SMALL BUSINESS SHALL NOT ACCRUE MORE THAN FORTY  HOURS  OF  PAID  SICK
 LEAVE.
   4.  ANY EMPLOYER WHICH PROVIDES PAID SICK LEAVE THAT EQUALS OR EXCEEDS
 THE REQUIREMENTS OF SUBDIVISIONS ONE, TWO AND  THREE  OF  THIS  SECTION,
 SHALL  NOT BE REQUIRED TO PROVIDE ADDITIONAL PAID SICK LEAVE PURSUANT TO
 THIS SECTION.
   5. NO EMPLOYER  SHALL  BE  REQUIRED  TO  PROVIDE  FINANCIAL  OR  OTHER
 REIMBURSEMENT  FOR UNUSED ACCRUED PAID SICK LEAVE, UPON THE TERMINATION,
 RESIGNATION, RETIREMENT OR  OTHER  SEPARATION  FROM  EMPLOYMENT  OF  ANY
 EMPLOYEE.
   §  174. USE OF PAID SICK LEAVE. 1. AN EMPLOYEE MAY USE PAID SICK LEAVE
 NOT ONLY WHEN SUCH EMPLOYEE IS ILL OR INJURED, OR FOR THE PURPOSE OF THE
 EMPLOYEE'S RECEIVING MEDICAL CARE, TREATMENT OR DIAGNOSIS; BUT  ALSO  TO
 AID  OR  CARE  FOR  ANY  OF  THE  FOLLOWING PERSONS WHEN THEY ARE ILL OR
 INJURED, OR RECEIVING MEDICAL CARE, TREATMENT  OR  DIAGNOSIS:  A  CHILD;
 PARENT;  LEGAL  GUARDIAN  OR  WARD;  SIBLING;  GRANDPARENT;  GRANDCHILD;
 SPOUSE; OR DESIGNATED PERSON. THE EMPLOYEE MAY USE ALL OR ANY PERCENTAGE
 OF THEIR PAID SICK LEAVE TO AID OR CARE FOR THE AFOREMENTIONED  PERSONS.
 THE  AFOREMENTIONED  CHILD, PARENT, SIBLING, GRANDPARENT, AND GRANDCHILD
 RELATIONSHIPS  INCLUDE  NOT  ONLY  BIOLOGICAL  RELATIONSHIPS  BUT   ALSO
 RELATIONSHIPS  RESULTING  FROM  ADOPTION, STEP-RELATIONSHIPS, AND FOSTER
 CARE RELATIONSHIPS. "CHILD" INCLUDES A CHILD OF A DOMESTIC PARTNER AND A
 CHILD OF A PERSON STANDING IN LOCO PARENTIS.
   IF THE EMPLOYEE HAS NO SPOUSE, THE EMPLOYEE MAY DESIGNATE  ONE  PERSON
 AS  TO  WHOM THE EMPLOYEE MAY USE PAID SICK LEAVE TO AID OR CARE FOR THE
 PERSON. THE OPPORTUNITY TO MAKE SUCH A DESIGNATION SHALL BE EXTENDED  TO
 THE  EMPLOYEE  NO  LATER  THAN THE DATE ON WHICH THE EMPLOYEE HAS WORKED
 THIRTY HOURS AFTER PAID SICK LEAVE BEGINS TO ACCRUE.  THERE SHALL  BE  A
 PERIOD OF TEN WORK DAYS FOR THE EMPLOYEE TO MAKE THIS DESIGNATION. THER-
 EAFTER, THE OPPORTUNITY TO MAKE SUCH A DESIGNATION, INCLUDING THE OPPOR-
 TUNITY  TO  CHANGE SUCH A DESIGNATION PREVIOUSLY MADE, SHALL BE EXTENDED
 TO THE EMPLOYEE ON AN ANNUAL BASIS, WITH A PERIOD OF TEN WORK  DAYS  FOR
 THE EMPLOYEE TO MAKE SUCH DESIGNATION.
 S. 4304                             3
 
   2.  AN EMPLOYER SHALL NOT REQUIRE, AS A CONDITION OF AN EMPLOYEE'S USE
 OF PAID SICK LEAVE, THAT THE EMPLOYEE SEARCH FOR OR FIND  A  REPLACEMENT
 WORKER  TO WORK THE PERIOD DURING WHICH SUCH EMPLOYEE IS USING PAID SICK
 LEAVE.
   3.  AN  EMPLOYER  MAY REQUIRE EMPLOYEES TO PROVIDE, WHENEVER POSSIBLE,
 REASONABLE NOTIFICATION OF AN ABSENCE FROM  WORK  FOR  WHICH  PAID  SICK
 LEAVE  IS  OR  WILL BE USED.  THE PERIOD OF SUCH REASONABLE NOTIFICATION
 SHALL NOT BE MORE THAN TWENTY-FOUR HOURS PRIOR TO ANY SUCH ABSENCE.
   4. AN EMPLOYER MAY ONLY TAKE REASONABLE MEASURES TO VERIFY OR DOCUMENT
 THAT AN EMPLOYEE'S USE OF PAID SICK LEAVE IS LAWFUL.
   § 175. NOTICE AND POSTING. 1. THE DEPARTMENT SHALL ESTABLISH,  PUBLISH
 AND  MAKE  AVAILABLE  TO  ALL EMPLOYERS, IN ALL LANGUAGES SPOKEN BY FIVE
 PERCENT OR MORE OF THE STATE'S WORKFORCE, A NOTICE SUITABLE FOR  POSTING
 BY EMPLOYERS IN THE WORKPLACE INFORMING EMPLOYEES OF THEIR RIGHTS PURSU-
 ANT  TO THIS ARTICLE. THE DEPARTMENT SHALL, ON OR BEFORE DECEMBER FIRST,
 UPDATE SUCH NOTICE IN ANY YEAR  IN  WHICH  THERE  IS  A  CHANGE  IN  THE
 LANGUAGES SPOKEN BY FIVE PERCENT OR MORE OF THE STATE'S WORKFORCE.
   2.  EVERY  EMPLOYER  SHALL  CONSPICUOUSLY POST IN THE WORKPLACE OR JOB
 SITE THE NOTICE ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   § 176. EMPLOYER RECORDS. EVERY EMPLOYER SHALL, FOR A  PERIOD  OF  FOUR
 YEARS,  MAINTAIN  RECORDS FOR EACH EMPLOYEE DOCUMENTING THE HOURS WORKED
 AND THE PAID SICK LEAVE USED. THE DEPARTMENT SHALL HAVE ACCESS  TO  SUCH
 RECORDS DURING THE NORMAL BUSINESS HOURS OF EACH EMPLOYER. WHEN THERE IS
 AN  ISSUE  RELATING  TO AN EMPLOYEE'S ACCRUAL AND USE OF PAID SICK LEAVE
 THERE SHALL BE, ABSENT CLEAR AND CONVINCING EVIDENCE TO THE CONTRARY,  A
 PRESUMPTION  THAT  THE EMPLOYER VIOLATED THE PROVISIONS OF THIS ARTICLE,
 IF THE EMPLOYER FAILS TO MAINTAIN THE RECORDS REQUIRED BY  THIS  SECTION
 OR FAILS TO PROVIDE ACCESS THERETO TO THE DEPARTMENT.
   §  177.  EXERCISE  OF  RIGHTS PROTECTED; RETALIATION PROHIBITED. 1. IT
 SHALL BE UNLAWFUL FOR ANY EMPLOYER OR  ANY  OTHER  PERSON  TO  INTERFERE
 WITH,  RESTRAIN,  OR  DENY THE ACCRUAL OR USE OF OR THE ATTEMPTED USE OF
 ANY PAID SICK LEAVE REQUIRED BY THIS ARTICLE.
   2. NO EMPLOYER OR  ANY  OTHER  PERSON  SHALL  DISCHARGE,  THREATEN  TO
 DISCHARGE,  DEMOTE, SUSPEND, OR IN ANY OTHER MANNER DISCRIMINATE OR TAKE
 ADVERSE ACTION AGAINST ANY EMPLOYEE IN RETALIATION  FOR  EXERCISING  ANY
 RIGHT  GRANTED  BY  THIS  ARTICLE. SUCH RIGHTS SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE USE OF PAID SICK LEAVE, THE FILING  OF  A  COMPLAINT  OR
 INFORMING  ANY  PERSON  ABOUT ANY VIOLATION OF THIS ARTICLE, THE COOPER-
 ATION WITH THE DEPARTMENT IN THE INVESTIGATION OF ANY ALLEGED  VIOLATION
 OF  THIS  ARTICLE,  AND THE INFORMING OF ANY PERSON OF HIS OR HER RIGHTS
 PURSUANT TO THIS ARTICLE.
   3. NO EMPLOYER SHALL CONSIDER OR USE PAID SICK LEAVE TAKEN PURSUANT TO
 THIS ARTICLE AS AN ABSENCE THAT MAY LEAD TO OR RESULT IN THE  DISCIPLINE
 OF,  THE  DISCHARGE  OF, THE DEMOTION OF, THE SUSPENSION OF OR ANY OTHER
 ACTION AGAINST ANY EMPLOYEE.
   4. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY  PERSON  WHO,  IN
 GOOD FAITH, ALLEGES A VIOLATION OF THIS ARTICLE.
   5.  THE TAKING OF ANY ADVERSE ACTION AGAINST AN EMPLOYEE WITHIN NINETY
 DAYS OF ANY PERSON FILING A COMPLAINT WITH THE  DEPARTMENT  OR  A  COURT
 ALLEGING  A  VIOLATION  OF THE PROVISIONS OF THIS ARTICLE, INFORMING ANY
 OTHER PERSON RELATING TO AN ALLEGED VIOLATION  OF  THIS  ARTICLE  BY  AN
 EMPLOYER,  COOPERATING  WITH  THE  DEPARTMENT OR ANY OTHER PERSON IN THE
 INVESTIGATION OR PROSECUTION OF ANY ALLEGED VIOLATION OF THIS ARTICLE OR
 INFORMING ANY PERSON OF THE PROVISIONS OF THIS ARTICLE, SHALL  ESTABLISH
 A  REBUTTABLE  PRESUMPTION THAT SUCH ADVERSE ACTION WAS TAKEN IN RETALI-
 ATION FOR EXERCISING THE RIGHTS GRANTED PURSUANT TO THIS ARTICLE.
 S. 4304                             4
 
   § 178. ENFORCEMENT. 1. THE DEPARTMENT IS  CHARGED  WITH  THE  DUTY  TO
 ENFORCE THE PROVISIONS OF THIS ARTICLE. FURTHERMORE, THE COMMISSIONER IS
 AUTHORIZED  AND  DIRECTED TO PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
   2.  FOR  ANY  VIOLATION  OF  THIS  ARTICLE THE DEPARTMENT MAY ORDER AN
 EMPLOYER TO GRANT REINSTATEMENT, BACK PAY, THE PAYMENT FOR ANY PAID SICK
 LEAVE WITHHELD AND/OR THE PAYMENT OF A PENALTY TO THE AFFECTED EMPLOYEE.
 FURTHERMORE, THE DEPARTMENT  SHALL  IMPOSE  A  CIVIL  PENALTY,  FOR  ANY
 VIOLATION  OF  THIS  ARTICLE,  EQUAL TO TRIPLE THE MONETARY VALUE OF THE
 PAID SICK LEAVE DENIED OR TWO HUNDRED DOLLARS, WHICHEVER SHALL BE GREAT-
 ER.
   § 179. WAIVER BY COLLECTIVE BARGAINING. ALL  OR  ANY  PORTION  OF  THE
 PROVISIONS  OF  THIS  ARTICLE MAY BE WAIVED WITH REGARD TO ANY EMPLOYEES
 AND EMPLOYERS WHO ARE SUBJECT  TO  A  BONA  FIDE  COLLECTIVE  BARGAINING
 AGREEMENT  TO  THE  EXTENT  THAT SUCH PROVISIONS ARE EXPRESSLY WAIVED IN
 SUCH AGREEMENT IN CLEAR AND UNAMBIGUOUS TERMS.
   § 180. MINIMUM REQUIREMENTS. THE  PROVISIONS  OF  THIS  ARTICLE  SHALL
 CONSTITUTE  THE MINIMUM REQUIREMENTS OF THE PROVISION OF PAID SICK LEAVE
 TO EMPLOYEES. NO PROVISION OF THIS ARTICLE SHALL BE DEEMED  TO  PROHIBIT
 ANY  EMPLOYER  FROM GRANTING GREATER PAID SICK LEAVE BENEFITS THAN THOSE
 REQUIRED BY THIS ARTICLE.
   § 181. SEVERABILITY. IF ANY CLAUSE, SENTENCE,  PARAGRAPH,  SECTION  OR
 PART  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
 DICTION TO BE INVALID AND  AFTER  EXHAUSTION  OF  ALL  FURTHER  JUDICIAL
 REVIEW, THE JUDGEMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAIN-
 DER  THEREOF,  BUT  SHALL  BE  CONFINED IN THIS OPERATION TO THE CLAUSE,
 SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ACT  DIRECTLY  INVOLVED  IN
 THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.  Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.