Scarinci Hollenbeck, LLC
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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.
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