by Stephen D. Hans | Nov 14, 2018 | Employers Sick Leave Act
ESTA and ESSTA The revised Earned Sick Time Act (ESTA) is now called the Earned Safe and Sick Time Act (ESSTA), and it became effective on May 5, 2018. Employers should provide all newly hired employees with a Notice of Employee Rights and also provide it to all current employees that were hired prior to June 4, 2018. How Does ESSTA Differ from ETSA? ESSTA differs from ESTA in mainly two ways. Expanded Definition of Family Member It provides a more comprehensive definition of a family member, which includes any individual who is blood related to the employee and also individuals whose close connection with the employee is equivalent to a family relationship. According to the NYC Consumer Affairs, the law recognizes the following individuals as family members: Child (biological child, adopted child, foster child, legal ward or child of an employee standing in loco parentis) Grandchild Spouse (current or former regardless of whether they reside together) Domestic partner (current or former regardless of whether they reside together) Parent Grandparent Close associations that are equivalent to a family member Added Requirement of Safe Time In addition to sick leave applying to illness, the new revised law includes “safe time” as an allowed reason for a leave. “Safe time” is time an employee spends away from work due to the employee or an employee’s family member who has been the victim of: A sexual offense Stalking Human trafficking A domestic violence offense Safe time provides the opportunity for seeking assistance or taking other safety measures to deal with the threats in their or their family member’s lives. Examples would include...
by Stephen D. Hans | Dec 29, 2011 | Employers Sick Leave Act
Author: Stephen Hans Hans & Associates,P.C. Through approved FMLA leave of absences, companies allow employees to deal with chronic conditions, acute illnesses, pregnancies, or to care for ill loved ones. However, some employees abuse business owners by obtaining unwarranted leaves from work. When employees abuse FMLA rights, they create unnecessary and costly problems for employers and co-workers through absenteeism, overworked staff, a need for temporary workers, missed production deadlines, and eventually lost business. NY FMLA The federal FMLA and New York Family and Medical Leave Act (FMLA) set parameters for family and medical leaves in New York, allowing employees 12 weeks of absence during the year to deal with medical issues, whether personal or regarding a family member. Legal help with preventing FMLA abuse As an employer, there are actions you can take to prevent abuse. NY FMLA uses a “rolling 12-month period” to calculate leave of absences. This means that out of the 12 weeks of yearly medical leave entitled to employees, time off is calculated from the previous 12-months, so that the total leave time does not exceed 12 weeks within a given 12-month period. Employers can ensure that an employee’s leave request meets rolling 12-month period calculations. An experienced New York employment attorney can provide HR counseling for FMLA issues. Questions often arise, such as whether you can legally require workers to take paid vacation time before using their FMLA leave time or whether you can implement deadlines for medical certifications. Employment law firms can ensure solutions implemented are within your legal...
by Stephen D. Hans | Jun 8, 2011 | Employers Sick Leave Act
Connecticut First State to Pass Paid Sick Leave Bill; NY Employers Wary of Similar Legislation as More Cities and States Debate Similar Measures On June 4, 2011, the Connecticut state legislature passed a law mandating paid sick leave for certain employees of private companies operating within the state. Although Washington, DC and other cities, including San Francisco and Milwaukee, have similar legislation, Connecticut could be a trendsetter in the mandatory paid sick leave arena, as other state legislatures consider passing similar measures. The Connecticut law, which was vigorously opposed, passed in the State Senate by only one vote, is limited in scope to service-sector employees, exempting all of the state’s manufacturing workers from coverage. Additionally, the state’s smallest businesses will not be affected, as the bill only applies to employers with at least fifty employees. Employees of non-profits, day laborers, temporary workers and independent contractors will also not be covered. However, all other covered private employers in Connecticut will now have to provide their service employees with one hour of paid sick time for every forty hours worked, up to a maximum of five sick days per year. While the measure appears to be generally reasonable in scope, it comes at a fragile time in our nation’s economic recovery when states, including Connecticut, should be focusing on trying to create jobs and minimize economic burdens on businesses. Employers in New York City will know that the City Council has frequently debated passing its own mandatory paid sick leave legislation for private employers over the past few years. One of those bills, which Council Speaker Christine Quinn eventually declined to...
