A New Part 196 is added to read as follows:
Part 196
Sick Leave
Section 196-1.1. Purpose
This part establishes rules and regulations for Sick Leave as set forth by Section 196-b of the Labor Law.
Section 196-1.2. Definitions
The following terms shall have the following meanings for the purposes of Labor Law 196-b and this Part:
(a) Confidential Information means individually identifiable health or mental health information, including but not limited to, diagnosis and treatment records from emergency services, health providers, or drug and alcohol abuse prevention or rehabilitation centers. Confidential information also means information that is treated as confidential or for which disclosure is prohibited under another applicable law, rule, or regulation.
(b) Domestic Partner shall have the same meaning as Domestic Partner, as set forth in section 2961(6-a) of the New York Public Health Law.
(c) Family Offense includes any offense enumerated in section 812(1) of the New York Family Court Act, where such acts are between current and former members of the same family or household, as defined therein.
(d) Human Trafficking means an act or threat of an act that may constitute sex trafficking, as defined in section 230.34 of the Penal Law, or labor trafficking, as defined in section 135.35 and 135.36 of the Penal Law.
(e) Mental Illness shall have the same meaning as mental illness, as set forth in section 1.03(20) of the New York Mental Hygiene law.
(f) Net Income shall have the same meaning as entire net income, as set forth in section 208(9) of the New York Tax Law.
(g) Preventative Medical Care means routine health care including but not limited to screenings, checkups, and patient counseling to prevent illnesses, disease, or other health problems.
(h) Sexual Offense means any act, or threat of an act, specified within Article 130 of the New York State Penal Law.
(i) Stalking means any act, or threat of an act, that constitutes the crime of stalking as defined by Article 120 of the New York State Penal Law.
Section 196-1.3 Documentation
(a) An employer may not require medical or other verification in connection with sick leave that lasts less than three consecutive previously scheduled workdays or shifts.
(b) No employer shall require an employee to pay any costs or fees associated with obtaining medical or other verification of eligibility for use of sick leave.
(c) No employer shall require an employee to provide confidential information, including the nature of an illness, its prognosis, treatment, or other related information, nor shall any employer require any details or information regarding leave taken pursuant to Section 196-b(4)(a)(iii) of the Labor Law (otherwise known as safe leave). An employer may not require that the attestation explain the nature of the illness or details related to domestic violence, sexual offense, family offense, human trafficking, or stalking that necessitates the use of safe leave.
(d) Except where prohibited by law, an employer may request documentation from an employee confirming their eligibility to take sick leave under Section 196-b of the Labor Law where the employee uses leave for three or more consecutive and previously scheduled workdays or shifts. An employer cannot require an employee or the person providing documentation, including medical professionals, to disclose the reason for leave, except as required by law. Requests for documentation shall be limited to the following:
(1) An attestation from a licensed medical provider supporting the existence of a need for sick leave, the amount of leave needed, and a date that the employee may return to work, or
(2) An attestation from an employee of their eligibility to leave.
Section 196-1.4 Employee Counts
(a) For the purposes of Section 196-b, the number of employees employed by an employer during a calendar year shall be determined by counting the highest total number of employees concurrently employed at any point during the calendar year to date.
(1) For employers that increase the number of employees during a calendar year above any threshold contained in Section 196-b(1):
(i) The accrual of additional required leave up to the entitlement amount in Section 196-b(1) shall be prospective from the date of such increase and shall not entitle employees to reimbursem*nt for previously used unpaid leave or to use more than the maximum amount of leave set by the employer in accordance with Section 196-b(6).
(ii) Prior accruals of used and unused paid leave and used unpaid leave in a calendar year may be credited by an employer toward any increased paid leave obligations under
Section 196-b. Employers may not credit any prior accrual of unused unpaid leave toward any paid leave obligations.
(iii) Employees shall retain all existing accruals of paid and unpaid leave notwithstanding an increase in the number of employees during a calendar year.
(2) Reductions in the number of employees working for an employer shall not reduce employee leave entitlements under Section 196-b until the following calendar year.
(b) Employees on paid or unpaid leave, including sick leave, leaves of absence, disciplinary suspension, or any other type of temporary absence, are counted as long as the employer has a reasonable expectation that the employee will later return to active employment. If there is no employment relationship (as when an employee is laid off or terminated, whether temporarily or permanently), such individual is not counted.
(c) Part-time employees are considered to be employed each working day of the calendar week.
(d) Employees jointly employed by more than one employer must be counted by each employer, whether or not they are on the employer's payroll records, for the purposes of determining each employer’s leave obligation under Section 196-b.
Section 196-1.5 Accruals
(a) Employee accruals of leave must account for all time worked, regardless of whether time worked is less than a 30-hour increment.
(b) For the purposes of calculating accruals for time worked in increments of less than 30 hours, employers may round accrued leave to the nearest 5 minutes, or to the nearest one-tenth or quarter of an hour, provided that it will not result, over a period of time, in a failure to provide the proper accrual of leave to employees for all the time they have actually worked.
