New York City Paid Sick Leave Law
Notice of Employee Rights
The New York City Earned Sick Time Act (the "Act") went into effect on April 1, 2014. The Act requires certain employers to provide workers with sick days. The Act further requires that New York City employers distribute the updated Notice of Employee Rights and that all employees sign and return the notice to their employer.
CLICK HERE for the Notice of Employee Rights from the New York City Department of Consumer Affairs.
The New York City Department of Consumer Affairs has issued proposed rules to clarify the provisions in the Earned Sick Time Act. The proposed rules, among several other things:
- Provide a methodology for new employers to calculate the number of their employees;
- Address situations where employees are employed by more than one employer, who, as "joint employers" are each responsible jointly and individually for compliance with the Earned Sick Time Act;
- Explain what may constitute a "reasonable" minimum amount of leave that an employer may require for the use of sick time;
- Establish requirements for employer policies that require employees to provide "reasonable notice" before using sick time;
- Clarify when an employer can require the employee to provide written documentation of the need for sick time from a licensed health care provider;
- Address the rate of pay of paid sick leave for certain employees;
- Establish requirements relating to the distribution or posting of an employer's sick leave policies;
- Describe the circumstances in which the Department may conduct an investigation of an employer's employment practices on its own initiative.
A public hearing on the proposed rules is scheduled for April 29, 2014. Anyone may comment on the proposed rules at the hearing or through written comments. To review the proposed rules and to learn how you may submit written comments on the proposed rules, please CLICK HERE.
Click the links below for prior NFC e-alerts detailing the requirements of the Act:
Nukk-Freeman & Cerra also recommends that New York City employers review their sick time/leave policies to ensure compliance with the amended 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 with any questions about the new law.
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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.
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