Understanding New York City’s Paid Safe and Sick Leave Act

The Responsibilities of Employers in NYC to Provide Paid Leave for Workers In 2020, the New York state legislature passed a new law guaranteeing paid sick leave to qualified employees throughout the state. Later that year, New York City amended the Earned Safe and Sick Time Act (ESSTA) to ensure compliance with the state law. Here are the pertinent details of New York City’s paid safe and sick leave law: All employers in New York City with 100 or more employees are required to provide each worker with a minimum of 56 hours of paid leave every calendar year Businesses with more than four, but less than 100 employees, must give workers at least 40 hours of paid leave during the calendar year Companies with less than five employees, but an annual net income of more than $1 million, must also allow up to 40 hours of paid leave per calendar year Companies with fewer than five employees, but less than $1 in net income, must still allow up to 40 hours of annual leave per calendar year, but do not have to pay employees while on leave Under the law, employers must put together a written safe and sick leave policy and must give employees a copy or otherwise ensure that employees understand what the benefit is and how to use it. An employer may not impose a waiting period for new employees to use the benefits. The employer must also keep employees informed of how much leave time has been used and how much is left, either as a part of the worker’s compensation information or through...

Paid Family Leave Updates for 2023

What Should Employers Know About Paid Family Leaves in 2023? There are paid family leave updates that employers should keep in mind for 2023. One major difference is that workers can take a paid leave to assist a sibling with a serious health condition as of January 1, 2023. Siblings include the following: Adopted siblings Biological siblings Step-siblings Half-siblings The employee’s siblings do not have to live in New York. In fact, they can live anywhere, even out of the country. How long can a family paid leave last? Eligible employees can take leaves up to 12 weeks. While on leave, they have job protection, which means employers hold their positions until they return to work. Or, the employer will provide the worker with a comparable position after returning. Examples of qualifying factors for paid leaves include: Bonding with a newborn or new child Caring for a family member with a serious health condition Assisting loved ones during an active military service deployment Caring for a minor dependent child in isolation for COVID-19 What Pay Do Employees Receive While on Leave? Employers must ensure employees receive 67% of their average weekly wage. In addition, there is a cap based on the New York State Average Weekly Wage (NYSAWW). Employees can receive up to 67% of that cap. The NYSAWW for 2023 is $1,688.19, and 67% of that would be $1,131.08. The increase is $62.72 above the 2022 maximum weekly benefit. For example: If a worker’s average wage was $2,000 a week, they would receive the maximum benefit of $1,131.08 A worker making an average of $1,000 a week would...