July 30, 2014– In April of this year New York City’s Mayor signed the “Paid Sick Leave Act” into law. This law impacts all existing, and new NYC workers, employed after May 1, 2014. Below are some of the highlights of the law:
What is the Purpose of the Act?
The act provides Sick Leave for all employees in New York City, employed on or after May 1, 2014.
Who is Covered?
- The act covers all companies in New York City, employing 5 people, or more.
- Both Full and Part time employees are eligible, so long as they work a total of 80 hours in one calendar year.
- In the case of domestic workers there is no “5 employee” requirement to obtain coverage.
What is required of Employers Under the Act?
- Employers with 5 employees, or more, must provide PAID sick leave to covered employees.
- Employers with less than 5 employees must allow employees to access the same sick leave time as their larger counterparts; however, these small employers are not required to pay employees for the sick time.
How Does it Work?
- Beginning July 30, 2014 employees may access 1 hour for every 30 hours worked, from May 1, 2014 forward.
- The total sick days employees are entitled to earn is 40 hours of sick leave, whether paid or unpaid, dependent on classification.
- Domestic workers are entitled to 2 days paid sick leave, after their first year of employment.
- Employers were obligated to provide written notification to all employees, existing and subsequent hires, by the earlier of May 1, 2014 or their first date of hire.
- The rate of pay for sick leave can not be below the existing minimum wage.
- Employees may carry over unused days until the following calendar year so long as they do not exceed the total of 40 for the year.
- Employers may require only reasonable, advance notice not to exceed seven (7) days.
- Employers may ask for some documentation so long as it does not violate an employees rights to privacy.
While there may be certain specific groups that are not covered by this act, employees may not be asked to waive their rights under this law. Additionally, while employers may create their own versions of sick leave policy, they may not offer less rights than the act provides for and they may not contradict the coverage under the act.
Employers are required to maintain three (3) years worth of records, including proof of notification of employees of their eligibility under the act.