A 5322: Relates to paid sick leave provided by employers with full-time employee equivalents.

  
  STATE OF NEW YORK ________________________________________________________________________ 5322 2025-2026 Regular Sessions  IN ASSEMBLY February 13, 2025 ___________ 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: 1 Section 1. Subdivisions 1 and 3 of section 196-b of the labor law, as 2 added by section 1 of part J of chapter 56 of the laws of 2020, are 3 amended to read as follows: 4 1. [Every employer shall be required to provide its employees with 5 sick leave as follows:] 6 a. For employers with four or fewer full-time equivalent employees in 7 any calendar year, each employee shall be provided with up to forty 8 hours of unpaid sick leave in each calendar year; provided, however, an 9 employer that employs four or fewer full-time equivalent employees in 10 any calendar year and that has a net income of greater than one million 11 dollars in the previous tax year shall provide each employee with up to 12 forty hours of paid sick leave pursuant to this section[;]. 13 b. For employers [with between five and ninety-nine employees in any 14 calendar year, each employee shall be provided with up to forty hours of 15 paid sick leave in each calendar year; and 16 c. For employers with one hundred or more employees in any calendar 17 year, each employee shall be provided with up to fifty-six hours of paid 18 sick leave each calendar year] who do not fall under the provisions of 19 paragraph a of this subdivision, such employers shall provide their 20 employees with sick leave at a rate of not less than one hour per every 21 thirty regular hours worked, as set forth in subdivision three of this 22 section. 23 For purposes of determining the number of employees pursuant to this 24 subdivision, a calendar year shall mean the twelve-month period from 25 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. LBD04470-01-5 
 A. 5322 2 1 calendar year shall either mean the twelve-month period from January 2 first through December thirty-first, or a regular and consecutive 3 twelve-month period, as determined by an employer. 4 3. Employees shall accrue sick leave at a rate of not less than one 5 hour per every thirty regular hours worked, beginning at the commence- 6 ment of employment or the effective date of this section, whichever is 7 later, subject to the use and accrual limitations set forth in this 8 section. For purposes of this section "regular hours" shall mean the 9 hours a nonexempt employee may spend doing work for such nonexempt 10 employee's employer without being entitled to overtime pay. 11 § 2. This act shall take effect immediately.