Urgent HR Alert: New York Sick Leave Law Expanded

Taking effect on April 1, 2014, New York City’s Earned Sick Time Act (the “Act”), will require all employers with at least five employees and all employers with at least one domestic worker to provide paid sick time to their employees; all other employees will be entitled to unpaid sick leave without penalty. Employers with less than twenty employees, have a grace period for violations until October 1, 2014. The grace period does not apply to employers of domestic employees. After the Act’s effective date, employees should receive a minimum of one hour of sick time for every thirty hours worked and up to forty hours of sick time in a calendar year. Eligibility to use sick time will begin on the 120th calendar day following the first day of employment or on the 120th day following the effective date of the Act, whichever is later. Employees may use sick time to care for their own health needs or to care for a family member (child, spouse, domestic partner, parent, sibling, grandchild or grandparent, or the child or parent of an employee’s spouse or domestic partner). Sick time may also be used when schools and/or businesses are closed due to a public health emergency. An employer may require reasonable notice for an employee’s planned use of sick time and if an employee is absent for more than three consecutive work days, an employer may demand reasonable documentation that the time off was used for a purpose covered under the Act. In this case, a signed note from a licensed health care provider indicating the need for the sick time is considered reasonable. An employer will not be able to demand documentation specifying the employee’s or their relative’s injury, illness or, condition unless otherwise required by law. The employer may not require an employee taking covered sick time to find a replacement worker as a precondition to taking the legally protected sick leave. Employers may only discipline employees who attempt to use sick time for improper absences not covered under the Act. Employers affected by this Act are required to retain records documenting their compliance for three years. Complaints may be filed alleging violations of the Act for up to two years following a violation.