New York City Matches New York State’s Sick Leave Requirements & Adds More
(NEW YORK CITY) - New York City recently amended its Earned Safe and Sick Time Act to match New York State’s recent changes to the Labor Law requiring all employers to Provide Sick Leave to Employees (For more, read: Empire State Requires All Employers to Provide Sick Leave; Act Now! Changes to New York Sick Leave Are Here).
New York City’s Act now matches the New York State requirements that employers must allow Employees to accrue safe/sick time of between 40 to 56 hours per year (depending on employer size and net income).
Although it became effective on September 30th, Employees may be restricted from using any additional accrued paid time under the new legislation until January 1st, 2021.
New York City employers are also required to provide notice of the changes to their employees by October 30th (2020).
Mirroring the new Labor Law requirements, the New York City Act provides:
- Employers with 100 or more Employees must allow Employees to accrue at least 56 hours of paid safe/sick time each calendar year.
- Employers with between five and 99 Employees must allow Employees to accrue at least 40 hours of paid safe/sick time each calendar year.
- Employers with fewer than five Employees - but having a net income greater than $1 million in the previous tax year, must allow Employees to accrue at least 40 hours of paid safe/sick time each calendar year.
- And, employers with fewer than five Employees and having a net income less than $1 million in the previous tax year must allow Employees to accrue at least 40 hours of unpaid safe/sick time each calendar year.
Similar to New York State’s Labor Law, the New York City Act also provides:
- That such time accrues at a minimum of one hour of safe/sick time for every 30 hours worked by an Employee.
- An employer may set a reasonable increment for the use of safe/sick time that shall not exceed four hours.
- Employees can carry over up to 40 hours or 56 hours of unused safe/sick time to the next calendar year, but employers can restrict the amount of time used in a calendar year to either 40 or 56 hours (depending on employer size and income).
- Employers are not required to reimburse Employees for any unused accrued safe/sick time upon the Employee’s termination, resignation, retirement or other separation from employment.
- And, Employees accruing paid safe/sick time (i.e., all Employees - except those working for employers with less than five employees and net incomes less than $1 million) may be restricted from using their newly accrued paid time until January 1st, 2021.
The Act also adds some provisions not found in New York State’s Labor Law, notably:
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