§ 196-b. Sick leave requirements. 1. Every employer shall be required
to provide its employees with sick leave as follows:

a. For employers with four or fewer 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 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.

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
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.

* 2. Nothing in this section shall be construed to prohibit or prevent
an employer from providing an amount of sick leave, paid or unpaid,
which is in excess of the requirements set forth in subdivision one of
this section, or from adopting a paid leave policy that provides
additional benefits to employees. An employer may elect to provide its
employees with the total amount of sick leave required to fulfill its
obligations pursuant to subdivision one of this section at the beginning
of the calendar year, provided, however that no employer shall be
permitted to reduce or revoke any such sick leave based on the number of
hours actually worked by an employee during the calendar year if such
employer elects pursuant to this subdivision.

* NB Effective until January 1, 2025

* 2. Nothing in this section shall be construed to prohibit or prevent
an employer from providing an amount of sick leave, paid or unpaid, or
paid prenatal personal leave which is in excess of the requirements set
forth in subdivision one and subdivision four-a of this section, or from
adopting a paid leave policy that provides additional benefits to
employees. An employer may elect to provide its employees with the total
amount of sick leave required to fulfill its obligations pursuant to
subdivision one of this section at the beginning of the calendar year,
provided, however that no employer shall be permitted to reduce or
revoke any such sick leave based on the number of hours actually worked
by an employee during the calendar year if such employer elects pursuant
to this subdivision.

* NB Effective January 1, 2025

3. Employees shall accrue sick leave at a rate of not less than one
hour per every thirty hours worked, beginning at the commencement of
employment or the effective date of this section, whichever is later,
subject to the use and accrual limitations set forth in this section.

4. a. On and after January first, two thousand twenty-one and upon the
oral or written request of an employee, an employer shall provide
accrued sick leave for the following purposes:

(i) for a mental or physical illness, injury, or health condition of
such employee or such employee's family member, regardless of whether
such illness, injury, or health condition has been diagnosed or requires
medical care at the time that such employee requests such leave;

(ii) for 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, such employee or such employee's family
member; or

(iii) for an absence from work due to any of the following reasons
when the employee or employee's family member has been the victim of
domestic violence pursuant to subdivision thirty-four of section two
hundred ninety-two of the executive law, a family offense, sexual
offense, stalking, or human trafficking:

(a) to obtain services from a domestic violence shelter, rape crisis
center, or other services program;

(b) to participate in safety planning, temporarily or permanently
relocate, or take other actions to increase the safety of the employee
or employee's family members;

(c) to meet with an attorney or other social services provider to
obtain information and advice on, and prepare for or participate in any
criminal or civil proceeding;

(d) to file a complaint or domestic incident report with law
enforcement;

(e) to meet with a district attorney's office;

(f) to enroll children in a new school; or

(g) to take any other actions necessary to ensure the health or safety
of the employee or the employee's family member or to protect those who
associate or work with the employee.

For purposes of this subdivision, the reasons outlined above in
subparagraph (a) through (g) must be related to the domestic violence,
family offense, sexual offense, stalking, or human trafficking. Provided
further that a person who has committed such domestic violence, family
offense, sexual offense, stalking, or human trafficking shall not be
eligible for leave under this subdivision for situations in which the
person committed such offense and was not a victim, notwithstanding any
family relationship.

b. For purposes of this section, "family member" shall mean an
employee's child, spouse, domestic partner, parent, sibling, grandchild
or grandparent; and the child or parent of an employee's spouse or
domestic partner. "Parent" shall mean a biological, foster, step- or
adoptive parent, or a legal guardian of an employee, or a person who
stood in loco parentis when the employee was a minor child. "Child"
shall mean a biological, adopted or foster child, a legal ward, or a
child of an employee standing in loco parentis.

* 4-a. In addition to the sick leave provided for in this section, on
and after January first, two thousand twenty-five, every employer shall
be required to provide to its employees twenty hours of paid prenatal
personal leave during any fifty-two week calendar period. Paid prenatal
personal leave shall mean leave taken for the health care services
received by an employee during their pregnancy or related to such
pregnancy, including physical examinations, medical procedures,
monitoring and testing, and discussions with a health care provider
related to the pregnancy. Paid prenatal personal leave may be taken in
hourly increments. Benefits for paid prenatal personal leave shall be
paid in hourly installments. Employees shall receive compensation at the
employee's regular rate of pay, or the applicable minimum wage
established pursuant to section six hundred fifty-two of this chapter,
whichever is greater, for the use of paid prenatal personal leave.
Nothing in this section shall be construed to require an employer to pay
an employee for unused paid prenatal leave upon such employee's
termination, resignation, retirement, or other separation from
employment.

* NB Effective January 1, 2025

5. * a. An employer may not require the disclosure of confidential
information relating to a mental or physical illness, injury, or health
condition of such employee or such employee's family member, or
information relating to absence from work due to domestic violence, a
sexual offense, stalking, or human trafficking, as a condition of
providing sick leave pursuant to this section.

* NB Effective until January 1, 2025

* a. An employer may not require the disclosure of confidential
information relating to a mental or physical illness, injury, or health
condition of such employee or such employee's family member, or
information relating to absence from work due to domestic violence, a
sexual offense, stalking, or human trafficking, as a condition of
providing sick leave or paid prenatal personal leave pursuant to this
section.

* NB Effective January 1, 2025

b. An employer may set a reasonable minimum increment for the use of
sick leave which shall not exceed four hours. Employees shall receive
compensation at his or her regular rate of pay, or the applicable
minimum wage established pursuant to section six hundred fifty-two of
this chapter, whichever is greater, for the use of paid sick leave.

6. An employee's unused sick leave shall be carried over to the
following calendar year, provided, however, that: (i) an employer with
fewer than one hundred employees may limit the use of sick leave to
forty hours per calendar year; and (ii) an employer with one hundred or
more employees may limit the use of sick leave to fifty-six hours per
calendar year. Nothing in this section shall be construed to require an
employer to pay an employee for unused sick leave upon such employee's
termination, resignation, retirement, or other separation from
employment.

* 7. No employer or his or her agent, or the officer or agent of any
corporation, partnership, or limited liability company, or any other
person, shall discharge, threaten, penalize, or in any other manner
discriminate or retaliate against any employee because such employee has
exercised his or her rights afforded under this section, including, but
not limited to, requesting sick leave and using sick leave, consistent
with the provisions of section two hundred fifteen of this chapter.

* NB Effective until January 1, 2025

* 7. No employer or their agent, or the officer or agent of any
corporation, partnership, or limited liability company, or any other
person, shall discharge, threaten, penalize, or in any other manner
discriminate or retaliate against any employee because such employee has
exercised their rights afforded under this section, including, but not
limited to, requesting sick leave or paid prenatal leave and using sick
leave or paid prenatal leave, consistent with the provisions of section
two hundred fifteen of this chapter.

* NB Effective January 1, 2025

8. An employer shall not be required to provide any additional sick
leave pursuant to this section if the employer has adopted a sick leave
policy or time off policy that provides employees with an amount of
leave which meets or exceeds the requirements set forth in subdivision
one of this section and satisfies the accrual, carryover, and use
requirements of this section.

9. Nothing in this section shall be construed to: a. prohibit a
collective bargaining agreement entered into, on or after the effective
date of this section from, in lieu of the leave provided for in this
section, providing a comparable benefit for the employees covered by
such agreement in the form of paid days off; such paid days off shall be
in the form of leave, compensation, other employee benefits, or some
combination thereof; or

b. impede, infringe, or diminish the ability of a certified collective
bargaining agent to negotiate the terms and conditions of sick leave
different from the provisions of this section.

Provided, however, that in the case of either paragraph a or b of this
subdivision, the agreement must specifically acknowledge the provisions
of this section.

* 10. Upon return to work following any sick leave taken pursuant to
this section, an employee shall be restored by his or her employer to
the position of employment held by such employee prior to any sick leave
taken pursuant to this section with the same pay and other terms and
conditions of employment.

* NB Effective until January 1, 2025

* 10. Upon return to work following any sick leave or paid prenatal
leave taken pursuant to this section, an employee shall be restored by
their employer to the position of employment held by such employee prior
to any sick leave or paid prenatal leave taken pursuant to this section
with the same pay and other terms and conditions of employment.

* NB Effective January 1, 2025

11. Upon the oral or written request of an employee, an employer shall
provide a summary of the amounts of sick leave accrued and used by such
employee in the current calendar year and/or any previous calendar year.
The employer shall provide such information to the employee within three
business days of such request.

12. Nothing in this section shall be construed to prevent a city with
a population of one million or more from enacting and enforcing local
laws or ordinances which meet or exceed the standard or requirements for
minimum hour and use set forth in this section, as determined by the
commissioner. Any paid sick leave benefits provided by a sick leave
program enforced by a municipal corporation in effect as of the
effective date of this section shall not be diminished or limited as a
result of the enactment of this section.

13. The commissioner shall have authority to adopt regulations and
issue guidance to effectuate any of the provisions of this section.
Employers shall comply with regulations and guidance promulgated by the
commissioner for this purpose which may include but are not limited to
standards for the accrual, use, payment, and employee eligibility of
sick leave.

14. The department shall conduct a public awareness outreach campaign
which shall include making information available on its website and
otherwise informing employers and employees of the provisions of this
section.