As part of the most recent New York State budget, Governor Andrew Cuomo signed into law a new mandatory paid sick leave program affecting all New York employers. Under the law, all New York employers will need to provide their employees with paid or unpaid sick leave (whether or not related to the COVID-19 pandemic)
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New York City expansion of sick time law to cover “safe time” goes into effect on May 5, 2018; action required for New York City employers
New York City has recently adopted amendments to the New York City sick time law. These amendments, which go into effect on May 5, 2018, will require action by New York City employers.
Background on New York City’s sick time law
Since April 1, 2014, all New York City employers have been required to provide sick time to their employees. Whether such sick time is paid or unpaid depends upon the size of the employer. New York City employers must provide each employee with a copy of the Notice of Employees Rights at the time of hire, and generally must maintain a compliant written sick time policy that is distributed to all employees. Please see our prior legal updates for further detail on the requirements of the New York City sick time law, as follows:
- Recent Developments Expected to Increase Risks and Costs for Many New York City Employers (client alert published June 4, 2013);
- New York City Council Passes Amendments to the Sick Time Act; Law to Be Effective for all NYC Employers on April 1, 2014 (client alert published March 10, 2014); and
- Recent Developments for New York City Employers: More Rules Passed; More Compliance Needed (client alert published April 18, 2015).
New York City sick time law expanded to cover “safe time” under recent amendments
Recently, New York City passed a law, Int. 1313-A, that expands the reasons for which employees can use sick time to include “safe time,” and renames the law the New York City Earned Safe and Sick Time Act. These amendments become effective on May 5, 2018.
Action required by New York City employers in response to recent amendments to New York City sick time law
In response to these amendments, New York City employers need to do the following:
- On or before May 5, 2018, update their written sick time policies to reflect the new “safe time” provisions; and
- On or before June 4, 2018, provide all existing New York City employees with a notice of their rights to use their sick time for “safe time” leave reasons. Note that on or after May 5, 2018, the Notice of Employee Rights provided to new hires will also need to include notice to employees of their rights to take “safe time.”