2021 Membership Directory Final

Carryover of Unused Sick Leave Unused sick leave can be carried over to the following calendar year. However, dealers can limit the use of sick leave each calendar year to 40 hours for medium businesses and 56 hours for large businesses. Dealers are not required to pay employees for unused sick leave at the end of the calendar year or upon termination of the employee, resignation, retirement, or other separation from employment. Implications for Collective Bargaining Agreements • Comparable Benefits - After September 30, 2021, dealers may enter into a collective bargaining agreement (CBA) to provide comparable benefits in the form of leave, compensation, other employee benefits, or some other combination thereof, in lieu of the leave provided by this statute. However, the agreement must specifically acknowledge the provisions in the statute. • Terms and Conditions of Sick Leave – Dealers may also negotiate with unions on different terms and conditions of sick leave than what is required by the statute, provided the agreement specifically acknowledges the provisions of the statute. Interaction with A Dealer’s Own Sick Leave Policy If the dealer already has a sick leave policy, and it meets or exceeds the mandatory requirements of New York State’s Sick Leave law, then the dealer is not required to provide additional sick leave.

2021 MEMBERSHIP DIRECTORY & SERVICES GUIDE HOT TOPICS

Interaction with Local Sick Leave Laws Both New York City and Westchester County had previously enacted similar local sick leave laws. The New York State Law does not override these local laws. NYC dealers must continue to provide employees with leave that meets or exceeds the requirements of both the statewide and local laws.

With respect to Westchester County’s 2019 Earned Sick Leave Law (ESLL), the county’s Human Rights Commission announced that their ESLL is no longer necessary but emphasized that their Safe Time Leave Law (STLL) (designed to protect victims of domestic violence or human trafficking), has not been preempted by the NY State Sick Leave. Westchester County Dealers must continue to comply with STLL and provide eligible employees with 40 hours of paid safe leave per year. Employee Return to Work Upon return from sick leave taken under the new law, employees must be restored to their same position and upon the same terms and conditions of employment as existed prior to taking leave. Dealers are prohibited from discharging, threatening, or otherwise discriminating or retaliating against employees for requesting or using sick leave.

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