Understanding various leaves granted under employment law
Employee leaves are a provision that New York State laws offer for employees. In fact, there are various types of leaves.
New York State Paid Family Leave Law
Under NYS law, employers must provide employees with leave time and partial wage replacement when taking time off work for certain child or family related issues. Employers administer the benefits similar to disability program benefits.
Workers Compensation
When injured on the job, an employee can receive workers compensation benefits, which include weekly payments of wages for worktime missed due to injury and medical treatment. There are also awards for permanent injury. Employers cannot retaliate against workers for claiming workers comp and taking the time off. In addition, workers cannot sue their employer for their injuries when covered by workers comp.
Sick Leave
Employers who have four or fewer employees and have a net income of one million dollars or less within the previous tax year must provide unpaid sick leave. All other employers must provide paid sick leave to employees.
Jury Duty
An employer with more than 10 employees must pay an employee for jury duty leave. They must pay the first $40 of the employee’s regular daily wages for the first three days of jury duty. Aside from this, employers do not have to pay for jury duty leave.
Voting
Based on NY law, employers must provide employees with time off to vote while polls are open. They must only pay for two hours of the leave time taken to vote. The law considers that employees have adequate time to vote if they have four consecutive off-duty hours while the polls are open. Employees must request the leave at least two days prior but not more than 10 days prior to the voting day. In addition, employers must post a notice about voting leave rights in a conspicuous location not less than 10 working days before an election.
Domestic violence
NY employers must also reasonably accommodate a victim who is missing work due to domestic violence. The exception would be if it created undue hardship for the employer.
New York law does not require employers to provide bereavement leaves or paid holidays.
(References : NYSBA, Employment Law Handbook)
As an employer, do you have questions about employee leaves or other employment issues?
If you have questions or concerns, it is wise to get a legal opinion. You can consult with our attorneys at Stephen D. Hans & Associates, P.C. We are glad to provide you with experienced legal guidance. Call (718) 275-6500 to arrange an appointment.