The New York City Council has passed a law that will require businesses to provide either paid or unpaid sick leave (depending on the size of the employer) beginning April 1, 2014.
Executive Summary: The New York City Council has passed a law that will require businesses to provide either paid or unpaid sick leave (depending on the size of the employer) beginning April 1, 2014. The City Council passed the New York City Earned Sick Time Act by a vote of 45-3, which means it has sufficient support to override an expected veto by Mayor Bloomberg.
Some of the more significant provisions of the new law are discussed below:
Coverage: The law covers full-time and part time employees of private (non-governmental) employers (subject to exceptions for specific industries and specific types of employees).
Effective Date: Employers with 20 or more employees will be required to provide paid sick leave to all employees beginning April 1, 2014. Employers with 15 or more employees and all employers of one or more domestic workers must provide paid sick leave beginning October 1, 2015. All employees not entitled to paid sick time under the law are entitled to unpaid sick time beginning April 1, 2014. The effective date is tied to the New York City economy as measured by the New York City Coincident Economic Index and may change, depending on the Index.
Amount of Leave: Covered employers are required to provide 40 hours of sick time in a calendar year (special rules apply to domestic workers). Employees are entitled to begin using the sick leave four months (120 days) after they start work or after the law takes effect, whichever is later.
Reasons for Leave: Employees can use the sick time for their own physical or mental illness or injury or preventive medical care, to provide care for a family member, or because of the closure of a business or school due to a public health emergency.
Other Types of Leave: Employers required to provide paid sick time under the Act, who provide other types of paid leave that can be used for the purposes defined in the Act, do not have to provide additional paid sick time. Similarly, employers required to provide unpaid sick time under the Act, who provide other types of paid or unpaid leave that can be used for the purposes defined in the Act, are not required to provide additional unpaid sick time.
FordHarrison attorneys will be providing a more exhaustive analysis of the new law, as well as offering training to help employers ensure their policies and procedures are in compliance with the law before it takes effect. If you have any questions about the new law or other labor or employment issues affecting New York employers, please contact any member of FordHarrison's New York City office or the FordHarrison attorney with whom you usually work.