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 an employee-accessible online system.
Though workers can generally take advantage of safe and sick leave without providing an employer with advance notice, an employer has the right to mandate documentation of the need for leave if the worker uses it more than three consecutive days.
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At Stephen Hans & Associates, our attorneys are glad to answer your questions and provide legal advice. Years of experience have provided us with extensive knowledge regarding employment law. We have successfully represented many employers throughout the greater New York City area in litigation involving workplace disputes. Our offices are conveniently located in Long Island City with easy access from Manhattan.