Senate Bill S8090

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8090
 
                             I N  S E N A T E
 
                              March 17, 2020
                                ___________
 
 Introduced  by  Sen. RAMOS -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules
 
 AN ACT providing requirements  for  sick  leave  and  the  provision  of
   certain employee benefits when such employee is subject to a mandatory
   or precautionary order of quarantine or isolation due to COVID-19; and
   to amend the labor law, in relation to requirements for sick leave
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1.(a) For employers with ten or fewer employees as of Janu-
 ary 1, 2020, each employee who is subject to a mandatory or  precaution-
 ary  order  of  quarantine or isolation issued by the state of New York,
 the department of health, local board of  health,  or  any  governmental
 entity  duly  authorized  to  issue such order due to COVID-19, shall be
 provided with unpaid sick leave until the termination of  any  mandatory
 or  precautionary  order  of quarantine or isolation due to COVID-19 and
 any other benefit as provided by any other provision of law.  During the
 period of mandatory or precautionary quarantine or isolation, an employ-
 ee shall be eligible for paid family leave  benefits  and  benefits  due
 pursuant  to  disability  pursuant to this act.  An employer with ten or
 fewer employees as of January 1, 2020, and that  has  a  net  income  of
 greater than one million dollars in the previous tax year, shall provide
 each  employee  who  is subject to a precautionary or mandatory order of
 quarantine or isolation issued by the state of New York, the  department
 of  health,  local  board  of  health,  or  any governmental entity duly
 authorized to issue such order due to COVID-19, at least  five  days  of
 paid  sick leave and unpaid leave until the termination of any mandatory
 or precautionary order of quarantine or isolation.  After such five days
 of paid sick leave, an employee shall be eligible for paid family  leave
 benefits and benefits due pursuant to disability pursuant to this act.
   (b)  For employers with between eleven and ninety-nine employees as of
 January 1, 2020, each employee who is subject to a mandatory or  precau-
 tionary  order  of  quarantine  or  isolation issued by the state of New
 York, the department of health, local board of health,  or  any  govern-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12051-02-0

 S. 8090                             2
 
 mental entity duly authorized to issue such order due to COVID-19, shall
 be  provided with at least five days of paid sick leave and unpaid leave
 until the termination of any mandatory or precautionary order of quaran-
 tine  or isolation. After such five days of paid sick leave, an employee
 shall be eligible for paid family leave benefits and benefits due pursu-
 ant to disability pursuant to this act.
   (c) For employers with one hundred or more employees as of January  1,
 2020, each employee who is subject to a mandatory or precautionary order
 of  quarantine or isolation issued by the state of New York, the depart-
 ment of health, local board of health, or any governmental  entity  duly
 authorized  to  issue such order due to COVID-19, shall be provided with
 at least fourteen days of  paid  sick  leave  during  any  mandatory  or
 precautionary order of quarantine or isolation.
   (d) For public employers, each officer or employee who is subject to a
 mandatory  or  precautionary  order of quarantine or isolation issued by
 the state of New York, the department of health, local board of  health,
 or  any  governmental  entity duly authorized to issue such order due to
 COVID-19 shall be provided with at least  fourteen  days  of  paid  sick
 leave  during  any  mandatory  or  precautionary  order of quarantine or
 isolation.  Each officer or employee shall be compensated at his or  her
 regular  rate of pay for those regular work hours during which the offi-
 cer or employee is absent from work due to a mandatory or  precautionary
 order  of  quarantine or isolation due to COVID-19. For purposes of this
 act, "public employer" shall mean the following: (i)  the state;    (ii)
 a    county,  city,  town  or village; (iii) a school district, board of
 cooperative educational services,   vocational education  and  extension
 board  or  a school district as enumerated in section 1 of  chapter  566
 of the laws of 1967, as amended; (iv) any governmental entity  operating
 a college or university; (v) a public  improvement  or special  district
 including  police  or  fire  districts; (vi) a public authority, commis-
 sion or public benefit corporation; or (vii) any  other public    corpo-
 ration,  agency,  instrumentality  or unit of government which exercises
 governmental power under the  laws  of  this state.
   (e) Such leave shall be provided without loss of an officer or employ-
 ee's accrued sick leave.
   2. For purposes of this act,  "mandatory  or  precautionary  order  of
 quarantine  or  isolation" shall mean a mandatory or precautionary order
 of quarantine or isolation issued by the state of New York, the  depart-
 ment  of  health,  local  board of health, or any government entity duly
 authorized to issue such order due to COVID-19.
   3. Upon return to work following leave taken pursuant to this act,  an
 employee  shall  be  restored  by his or her employer to the position of
 employment held by the employee prior to any  leave  taken  pursuant  to
 this act with the same pay and other terms and conditions of employment.
 No  employer  or his or her agent, or the officer or agent of any corpo-
 ration, 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 taken leave
 pursuant to this act.
   4. An employee shall not receive paid sick leave benefits or any other
 paid benefits provided by any provisions of this section if the employee
 is subject to a mandatory or precautionary order of  quarantine  because
 the  employee  has  returned  to  the United States after traveling to a
 country for which the Centers for Disease Control and Prevention  has  a
 level  two  or three travel health notice and the travel to that country
 was not taken as part of the employee's employment or at  the  direction

 S. 8090                             3
 
 of  the  employee's employer, and if the employee was provided notice of
 the travel health notice and the limitations of this  subdivision  prior
 to  such  travel.   Such employee shall be eligible to use accrued leave
 provided  by  the employer, or to the extent that such employee does not
 have accrued leave or sufficient accrued leave, unpaid sick leave  shall
 be  provided  for the duration of the mandatory or precautionary quaran-
 tine or isolation.
   5. The commissioner of labor  shall  have  authority  to  adopt  regu-
 lations, including emergency regulations, and issue guidance to effectu-
 ate any of the provisions of this act. Employers shall comply with regu-
 lations  promulgated by the commissioner of labor for this purpose which
 may include, but is not limited to, standards for the use, payment,  and
 employee eligibility of sick leave pursuant to this act.
   6.  Notwithstanding  any  other  provision of law, and for purposes of
 this act only, for purposes of article 9 of  the  workers'  compensation
 law,  "disability"  shall  mean: any inability of an employee to perform
 the regular duties of his or her employment or the duties of  any  other
 employment which his or her employer may offer him or her as a result of
 a  mandatory or precautionary order of quarantine or isolation issued by
 the state, the department of health, a local board  of  health,  or  any
 government  entity  duly  authorized to issue such order due to COVID-19
 and when the employee has exhausted all paid sick leave provided by  the
 employee's employer under this act.
   7.  Notwithstanding  subdivision  1  of  section  204  of the workers'
 compensation law, disability benefits payable pursuant to this act shall
 be payable on the first day of disability.
   8. Notwithstanding any other provision of law,  and  for  purposes  of
 this  act  only,  for purposes of article 9 of the workers' compensation
 law, "family leave" shall mean: (a) any leave taken by an employee  from
 work  when  an employee is subject to a mandatory or precautionary order
 of quarantine or isolation  issued  by  the  state,  the  department  of
 health,  a  local board of health, or any government entity duly author-
 ized to issue such order due to COVID-19; or (b) to provide care  for  a
 minor  dependent  child of the employee who is subject to a mandatory or
 precautionary order of quarantine or isolation issued by the state,  the
 department  of health, a local board of health, or any government entity
 duly authorized to issue such order due to COVID-19.
   9. Notwithstanding any other provision of law,  and  for  purposes  of
 this  act  only,  for purposes of article 9 of the workers' compensation
 law, disability and family leave benefits pursuant to this  act  may  be
 payable  concurrently to an eligible employee upon the first full day of
 an unpaid period of mandatory or precautionary order  of  quarantine  or
 isolation  issued  by the state of New York, the department of health, a
 local board of health, or any government entity duly authorized to issue
 such order due to  COVID-19,  provided  however,  an  employee  may  not
 collect  any benefits that would exceed $840.70 in paid family leave and
 $2,043.92 in benefits due pursuant to disability per week.
   10. Notwithstanding any other provision of law, and  for  purposes  of
 this  act  only,  for purposes of article 9 of the workers' compensation
 law, the maximum weekly  benefit  which  the  employee  is  entitled  to
 receive  for benefits due pursuant to disability pursuant to subdivision
 six of this section only shall be the  difference  between  the  maximum
 weekly  family  leave  benefit  and such employee's total average weekly
 wage from each covered employer up to a maximum benefit due pursuant  to
 disability of $2,043.92 per week.

 S. 8090                             4
 
   11. Notwithstanding subdivision 7 of section 590, and subdivision 2 of
 section  607, of the labor law, a claim for benefits under article 18 of
 the labor law due to closure of an employer otherwise  subject  to  this
 section  for a reason related to COVID-19 or due to a mandatory order of
 a  government  entity  duly authorized to issue such order to close such
 employer otherwise subject to this section, shall not be  subject  to  a
 waiting period for a claim for benefits pursuant to such title.
   12.  A  mandatory  or  precautionary  order of quarantine or isolation
 issued by the state, the department of health, a local board of  health,
 or  any  government  entity  duly  authorized to issue such order due to
 COVID-19 shall be sufficient proof of disability or proof  of  need  for
 family leave taken pursuant to this act.
   13.  The  provisions  of  this  act  shall not apply in cases where an
 employee is deemed asymptomatic or has not yet been diagnosed  with  any
 medical condition and is physically able to work while under a mandatory
 or  precautionary  order  of  quarantine  or  isolation, whether through
 remote access or other similar means.
   14. Nothing in this section  shall  be  deemed  to  impede,  infringe,
 diminish or impair the rights of a public employee or employer under any
 law,  rule,  regulation  or  collectively  negotiated  agreement, or the
 rights  and  benefits  which  accrue  to  employees  through  collective
 bargaining agreements, or otherwise diminish the integrity of the exist-
 ing  collective  bargaining  relationship,  or to prohibit any personnel
 action which otherwise would have been taken regardless of  any  request
 to use, or utilization of, any leave provided by this act.
   15.  Notwithstanding  any  inconsistent provision of law, on or before
 June 1, 2020, the superintendent of financial services by regulation, in
 consultation with the director of the state insurance fund and the chair
 of the workers' compensation board of the state, shall promulgate  regu-
 lations necessary for the implementation of a risk adjustment pool to be
 administered  directly  by  the superintendent of financial services, in
 consultation with the director of the state insurance fund and the chair
 of the workers' compensation board of the state.  "Risk adjustment pool"
 as used in this subdivision shall mean the  process  used  to  stabilize
 member  claims  pursuant  to  this act in order to protect insurers from
 disproportionate adverse risks. Disproportionate losses of  any  members
 of the risk adjustment pool in excess of threshold limits established by
 the  superintendent of financial services of the state may be supported,
 if required by the superintendent, by other members of such pool includ-
 ing the state insurance fund in a proportion to  be  determined  by  the
 superintendent.   Any such support provided by members of the pool shall
 be fully repaid, including reasonable interest, through a mechanism  and
 period  of  time  to  be  determined  by the superintendent of financial
 services.
    16.  (a) The superintendent of financial  services,  in  consultation
 with the director of the state insurance fund and the chair of the work-
 ers'  compensation  board  shall  issue  two  reports assessing the risk
 adjustment pool required by this act.
   (b) On or before January 1, 2022, an initial report shall be  provided
 to the speaker of the assembly, the chair of the assembly ways and means
 committee  and  the chair of the assembly labor committee, the temporary
 president of the senate, the chair of the senate finance  committee  and
 the  chair  of  the senate labor committee.  Such report shall  include:
 the total number of claims filed pursuant to this section for (i) family
 leave benefits, and (ii) benefits due to disability, as a  result  of  a
 mandatory  or  precautionary  order  of  quarantine  or isolation due to

 S. 8090                             5
 
 COVID-19; the aggregate amount of paid family leave claims and disabili-
 ty claims; the total amount of the claims  paid  for  out  of  the  risk
 adjustment  pool;  the threshold limits established by the department of
 financial  services;  and  any  other  information the superintendent of
 financial services deems necessary to provide to the legislature.
   (c) On or before January 1, 2025, a final report shall be provided  to
 the  speaker  of  the assembly, the chair of the assembly ways and means
 committee and the chair of the assembly labor committee,  the  temporary
 president  of  the senate, the chair of the senate finance committee and
 the chair of the senate labor committee. Such report shall  include  the
 balance  of the risk adjustment pool, if any, the total amount collected
 through the repayment mechanism established by the department of  finan-
 cial  services  including interest; and any other information the super-
 intendent of financial services deems necessary to provide to the legis-
 lature.  If there exists a balance in  the  risk  adjustment  pool,  the
 final  report  shall  provide  a  timeline  by  which  repayment will be
 completed.
   17.  If at any point while this section shall be in effect the federal
 government by law or regulation  provides  sick  leave  and/or  employee
 benefits  for employees related to COVID-19, then the provisions of this
 section, including, but not limited to, paid  sick  leave,  paid  family
 leave,  and  benefits  due  to disability, shall not be available to any
 employee otherwise subject to the provisions of this section;  provided,
 however, that if the provisions of this section would have provided sick
 leave and/or employee benefits in excess of the benefits provided by the
 federal  government  by  law  or regulation, then such employee shall be
 able to claim such additional sick leave and/or employee benefits pursu-
 ant to the provisions of this section in an amount  that  shall  be  the
 difference  between  the  benefits  available under this section and the
 benefits available to such employee, if any, as provided by such federal
 law or regulation.
   § 2. The labor law is amended by adding a new section 196-b to read as
 follows:
   § 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,

 S. 8090                             6
 
 WHICH IS IN EXCESS OF THE REQUIREMENTS SET FORTH IN SUBDIVISION  ONE  OF
 THIS  SECTION,  OR FROM ADOPTING A PAID LEAVE POLICY THAT PROVIDES ADDI-
 TIONAL 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.
   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 DOMESTIC VIOLENCE PURSUANT TO
 SUBDIVISION THIRTY-FOUR OF SECTION TWO HUNDRED NINETY-TWO OF THE  EXECU-
 TIVE  LAW,  A  SEXUAL  OFFENSE, STALKING, OR HUMAN TRAFFICKING, FOR SUCH
 EMPLOYEE TO AVAIL THEMSELVES OR A FAMILY MEMBER OF SERVICES  OR  ASSIST-
 ANCE  INCLUDING,  BUT NOT LIMITED TO, TO OBTAIN SERVICES FROM A DOMESTIC
 VIOLENCE SHELTER, RAPE CRISIS  CENTER,  OR  OTHER  SHELTER  OR  SERVICES
 PROGRAM  FOR RELIEF FROM A FAMILY OFFENSE MATTER, SEXUAL OFFENSE, STALK-
 ING, OR HUMAN TRAFFICKING; TO PARTICIPATE IN SAFETY PLANNING,  TEMPORAR-
 ILY OR PERMANENTLY RELOCATE, OR TAKE OTHER ACTIONS TO INCREASE THE SAFE-
 TY  OF  THE  EMPLOYEE  OR  EMPLOYEE'S  FAMILY MEMBERS FROM FUTURE FAMILY
 OFFENSE MATTERS, SEXUAL OFFENSES, STALKING,  OR  HUMAN  TRAFFICKING;  TO
 MEET  WITH  A CIVIL ATTORNEY OR OTHER SOCIAL SERVICES PROVIDER TO OBTAIN
 INFORMATION AND ADVICE ON, AND PREPARE FOR OR PARTICIPATE IN ANY  CRIMI-
 NAL  OR  CIVIL PROCEEDING, INCLUDING BUT NOT LIMITED TO, MATTERS RELATED
 TO A FAMILY OFFENSE MATTER, SEXUAL OFFENSE, STALKING, HUMAN TRAFFICKING,
 CUSTODY, VISITATION, MATRIMONIAL ISSUES,  ORDERS  OF  PROTECTION,  IMMI-
 GRATION,  HOUSING,  DISCRIMINATION  IN  EMPLOYMENT,  HOUSING OR CONSUMER
 CREDIT; TO FILE  A  COMPLAINT  OR  DOMESTIC  INCIDENT  REPORT  WITH  LAW
 ENFORCEMENT;  TO MEET WITH A DISTRICT ATTORNEY'S OFFICE; TO ENROLL CHIL-
 DREN IN A NEW SCHOOL; OR TO TAKE OTHER ACTIONS  NECESSARY  TO  MAINTAIN,
 IMPROVE,  OR  RESTORE THE PHYSICAL, PSYCHOLOGICAL, OR ECONOMIC HEALTH OR
 SAFETY OF THE EMPLOYEE OR THE EMPLOYEE'S FAMILY  MEMBER  OR  TO  PROTECT
 THOSE WHO ASSOCIATE OR WORK WITH THE EMPLOYEE.
   B. FOR PURPOSES OF THIS SECTION, "FAMILY MEMBER" SHALL MEAN AN EMPLOY-
 EE'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.

 S. 8090                             7
 
   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 INFORMA-
 TION  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.
   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  MINI-
 MUM  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 EMPLOY-
 MENT.
   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.
   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.
   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.

 S. 8090                             8
 
   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  EFFEC-
 TIVE 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.
   §  3.  Subdivision  4  of  section 195 of the labor law, as amended by
 chapter 564 of the laws of 2010, is amended to read as follows:
   4. establish, maintain and  preserve  for  not  less  than  six  years
 contemporaneous,  true,  and  accurate  payroll records showing for each
 week worked the hours worked; the rate or rates of pay and basis  there-
 of,  whether  paid by the hour, shift, day, week, salary, piece, commis-
 sion, or other; gross wages; deductions; allowances, if any, claimed  as
 part  of the minimum wage; AMOUNT OF SICK LEAVE PROVIDED TO EACH EMPLOY-
 EE; and net wages for each employee.   For all  employees  who  are  not
 exempt  from  overtime compensation as established in the commissioner's
 minimum wage orders or otherwise provided by New York state law or regu-
 lation, the payroll records shall include the  regular  hourly  rate  or
 rates  of  pay, the overtime rate or rates of pay, the number of regular
 hours worked, and the number of overtime hours worked. For all employees
 paid a piece rate, the payroll  records  shall  include  the  applicable
 piece  rate or rates of pay and number of pieces completed at each piece
 rate;
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  5.  This  act shall take effect immediately; provided, however that
 sections two and three of this act shall take effect on the one  hundred
 eightieth  day after it shall have become a law; provided, further, that
 the department of labor may promulgate rules and regulations to effectu-
 ate the purposes of this act, on or before such effective date.