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 taking time away from work to do the following:
- Receive services from a rape crisis center, a domestic violence shelter or related program
- Take time to relocate, receive safety training or enroll children in a new school
- Meet with a social services provider or attorney for information and advice (The individual may need to deal with custody, visitation, orders of protection, immigration, housing or other issues.)
- File a domestic incident report with law enforcement or meet with a district attorney’s office
- Appear at court for civil or criminal proceedings related to the act or threat of domestic violence, stalking, unwanted sexual contact or human trafficking
Employers should update their employee handbook sections that address sick time to include safe time and the more comprehensive definition of family member.
Stephen Hans & Associates provides extensive legal guidance to business owners regarding employment related issues.