Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: January 19, 2015
The Firm
201-896-4100 info@sh-law.comOn April 1, 2014, the New York City Earned Sick Time Act took effect for businesses conducting operations in the five boroughs of New York City:
| Number of Employees | Amount of Sick Leave per Calendar Year | Paid or Unpaid Sick Leave | Rate of Pay |
| 5 or more Must work 80+ hours a calendar year* | Up to 40 hours | Paid | Regular hourly rate but no less than $8 per hour (minimum wage) |
| 1-4 Must work 80+ hours a calendar year | Up to 40 hours | Unpaid | Not Applicable |
| 1 or more domestic workers Must work 80+ hours per calendar year and have been employed by the same employer at least 1 year | 2 days | Paid | Regular hourly rate but no less than $8 per hour (minimum wage) |
Employers must provide each employee with written notice of the right to sick leave, including accrual and use of sick leave, the right to file a complaint, and the right to be free from retaliation. The notice must designate the “calendar year” to be used for record-keeping, including Start Date and End Date. Employees have a right to the notice both in English and, where applicable, in their primary language (if not English).
Employers must keep and maintain records documenting compliance with the law for at least three years. All required records must be available to the New York City Department of Community Affairs upon notice.
Employers with existing paid-time off policies are not required to offer additional leave, so long as the policy meets the requirements of the new law. Although many New York City employers may assume that their sick leave policies pass muster, a thorough review is recommended as businesses that violate the law face civil penalties of up to $1,000. Furthermore, this law should be regarded as the “beginning” and not the “end;” meaning, the expectations of the law typically evolve towards greater legal imposition and costs.
In November 2014, the New York City Department of Consumer Affairs published a series of rules for a sick leave policy under the Earned Sick Time Act.
Employers should understand that the right to request medical proof and documentation creates other legal exposures that should be carefully considered. Knowledge of the employee’s medical condition creates an issue with accommodation is the condition constitutes a disability. Further, issues of confidentiality and HIPAA compliance present serious legal issues that cannot be ignored.
Paid sick leave promises to be an important employment law issue in 2015. This is the perfect time to conduct a critical review of your current policies and compliance. We encourage you to check back for updates on additional legislation that may impact your business.
Are you a New York employer whose sick leave policy has been affected by these laws? If so, feel free to leave your thoughts and/or opinions in the comment section below.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]
Author: Dan Brecher

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]
Author: Ken Hollenbeck

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]
Author: Robert E. Levy

Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]
Author: Dan Brecher

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!