What Should NYC Employers Know About Paid Sick Leave?
As employers, you may wonder whether you are obligated to provide an employee with sick leave, and if so, under what circumstances you must pay for an employee’s sick leave.
In NYC, what counts as a sick leave?
The New York City Earned Safe and Sick Time Act describes sick leave as for the care and treatment of employees or a family member and for seeking legal and social services assistance or taking safety measures if the employee or family member is the victim of an act or threat of domestic violence, unwanted sexual contact, stalking or human trafficking.
What NYC employers must provide sick leave?
NYC employers with five or more employees who work more than 80 hours in a calendar year must provide paid sick leave.
If you employ fewer than five workers, you still must provide sick leave but you are not obligated to pay for the leave. However, if you employ one or more domestic workers (individuals who work in an employer’s home as a caregiver for children or the elderly, cleaning or cooking or doing gardening and repairs) you must provide paid sick leave if the employees have worked for at least a year and worked more than 80 hours during that calendar year.
How do you determine the number of employees working for you?
All workers that you pay for full-time, part-time or on a temporary basis who work more than 80 hours a calendar year must be counted as your number of employees.
Do paid sick leaves apply to nonprofit employers?
Yes, the law applies to nonprofit employers as well.
What definition of “calendar year” applies under the law?
Any consecutive 12-month period is a calendar year. For most employers the calendar year begins January 1 and ends December 31.
Get Legal Help with Your Questions about Employment Law
If you are uncertain about complying with employment laws or face an employment dispute, our attorneys at Stephen Hans & Associates are glad to discuss your concerns and determine how we can assist you.
(References: NYC Consumer Affairs Website: Paid safe and Sick Leave FAQs and NYC Consumer Affairs website “Paid Safe and Sick Leave…” )