Press Release
CSS Praises Governor Cuomo and the New York State Legislature for Passage of Paid Sick Leave Law
Today it's the deadly coronavirus, but next winter it will be the flu, another measles outbreak or a new public health threat. It's never been clearer: all workers need to be able to stay home when sick and keep sick kids home from school or day care. But all too often, it is low-wage workers, who can least afford to risk losing their paychecks, who lack even a single paid sick day.
We commend Governor Andrew Cuomo, who proposed the new statewide law requiring employers to provide sick leave, and our state legislature who passed the measure today, for looking beyond the immediate crisis and taking this far-reaching action that will protect the economic security of workers and the future health of all New Yorkers. This comes after the state acted in March to provide immediate job protection and paid leave to employees on an emergency basis, for workers subject to quarantine or isolation due to COVID-19.
The Community Service Society was an early proponent of paid sick leave and a leading advocate for passage of New York City’s landmark 2013 law, and its expansion in 2014, guaranteeing workers the right to sick time as a basic labor standard. That law has been successful in enabling workers to stay home when needed to care for their own illnesses or sick family members without losing their pay or their jobs, and avoid spreading illness to co-workers, customers and commuters. At the same time, research has showed that businesses were able to easily adjust without any of the dire consequences opponents predicted.
The new state paid sick leave law will extend that success in New York City, and in Westchester, where a similar law went into effect in 2019, to the approximately 1.3 million workers statewide,* that we estimate are still without even a single paid sick day. Lack of sick leave disproportionately affects low-income New Yorkers, who can least afford to lose a day’s pay or risk their jobs when illness strikes. Of the 1.3 million workers without paid sick leave, more than half are in the bottom wage quartile, earning under $22,000 annually.** These are also the workers most likely to come into close contact with the public -- the people preparing and serving our food, helping us in stores and caring for the vulnerable.
The new state measure will give employees of businesses of five to 99 workers, and those with one to four workers but over $1 million in annual net income, at least 40 hours (five days) of paid sick time a year. Employers of fewer than five workers, and net incomes of $1 million or less will be required to provide five days of sick leave, but it can be unpaid. Larger employers of 100 or more would be required to provide up to 56 hours (seven days) of paid sick time. All workers will be guaranteed their jobs. The leave can be used for an employee’s own health needs, as well as for taking care of the health needs of family members. In addition, leave can be used to deal with health and certain other needs related to domestic violence, stalking or human trafficking.
The law will go into effect 180 days after it is enacted. So covered workers, including part-time employees, will be able to start earning sick time at the rate of one hour for every 30 hours worked starting in October 2020, and they will be able to begin using their leave January 2021. The new state law is intended to provide a floor; it will not pre-empt New York City’s law, to the extent that it provides greater protections.
*CSS analysis based on BLS Quarterly Census of Employment and Wages data (January through March 2019 3-month average) accessed from the NYS Department of Labor website, BLS 2017-18 American Time Use Survey’s Leave and Job Flexibilities Module, and 2017 American Community Survey data.
**Calculation made by Jeff Hayes, Institute for Women’s Policy Research based on analysis of 2018 National Health Interview Survey and 2018 American Community Survey. These workers may have low annual earnings due to low wages or less than full-time or year-round employment.
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For more than 170 years, the Community Service Society of New York has been the leading voice on behalf of low-income New Yorkers and continues to advocate for the economic security of the working poor in the nation’s largest city. We respond to urgent, contemporary challenges with applied research, advocacy, litigation and innovative program models that help the working poor achieve a better quality of life and promote a more prosperous city. Visit us at www.cssny.org