New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter II - DIVISION OF LABOR STANDARDS
Subchapter G - Deductions From Wages
Part 196 - Sick Leave
Section 196-1.3 - Documentation
Current through Register Vol. 46, No. 12, March 20, 2024
(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: