New York City Enacts Paid Sick Leave Law
Last month, the New York City Council overrode Mayor Bloomberg's veto of the New York City Earned Sick Time Act, voting to require employers to provide workers with sick days. The legislation requires New York City employers with 20 or more employees to provide 5 paid sick days per calendar year to their employees starting April 1, 2014. The law will expand to employers with 15 or more employees starting October 1, 2015. City employers that fall below these thresholds will be required to provide unpaid sick days.
- The law applies to employees who work more than 80 hours in a calendar year, including full-time, part-time, and temporary/seasonal workers.
- Employees may use sick time for absences due to:
- The employee's mental or physical illness, injury or health condition or need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or need for preventative medical care; or
- Care of a family member who needs medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or who needs preventative medical care; or
- Closure of such employee's place of business by order of a public official due to a public health emergency or such employee's need to care for a child whose school or childcare provider has been closed by order of a public official due to a public health emergency.
- Employees will accrue one hour of sick time for every thirty hours worked, and are entitled to forty hours per calendar year.
- Employees are entitled to begin using sick time on the 120th calendar day following commencement of employment or effective date of the legislation, whichever is later.
- The law permits employers to require reasonable documentation for sick time lasting more than 3 consecutive work days.
- Employers who already provide paid time off sufficient to meet the requirements of the legislation and who allow such paid leave to be used for the same purposes and under the same conditions as sick time required pursuant to the legislation would not be required to provide additional sick time.
- Employers must permit employees to carry over accrued unused time from year to year, but an employer may cap usage to 40 hours in a calendar year.
- The legislation contains an anti-retaliation provision.
- Written notice of rights must be provided to the employee at commencement of employment (in English and primary language spoken by that employee, if the City's Department of Consumer Affairs has made a translation of the notice available in that language).
- Employers must maintain, and make available for inspection, records demonstrating compliance with the legislation for 2 years.
Nukk-Freeman & Cerra recommends that New York City employers review their sick time/leave policies to ensure compliance with the new law.
Nukk-Freeman & Cerra is available to answer any questions regarding your sick time/leave policies. Please contact Katherin Nukk-Freeman or the Nukk-Freeman & Cerra attorney with whom you normally work.
|
|
|
Nukk-Freeman & Cerra, P.C. is a dynamic Employment Law Firm
providing counsel to industry leaders.
From start-ups and mid-size enterprises to Fortune 50 clients,
we provide top talent to each client at competitive rates.
NEW JERSEY ● NEW YORK
  
|
|
Any tax advice included in this written or electronic communication is not intended or written to be used, and it cannot be used by the taxpayer, for the purpose of avoiding any penalties that may be imposed on the taxpayer or any governmental taxing authority or agency.
|
