Who is Eligible for Coverage Under New York State’s Paid Leave Law?
Under New York State’s Paid Leave Law, all private-sector employees in the state are eligible for coverage, regardless of their industry, occupation, part-time status, or whether they are exempt from overtime pay. However, employees of federal, state, and local government entities are not covered by this law. The law also covers employees who work at charter schools, private schools, and not-for-profit organizations.
Is Paid Sick Leave the Same as Paid Family Leave?
No, paid sick leave and paid family leave are not the same thing. Paid sick leave typically allows employees to take time off from work due to their own illness or medical appointments. On the other hand, paid family leave typically allows employees to take time off to care for a family member who is ill or to bond with a new child. While both provide paid time off, they serve different purposes and may have different eligibility requirements and usage conditions.
What Can Employees Use Accrued Leave for Under the NYC Paid Sick Leave Law?
Employees can use accrued leave under the NYC Paid Sick Leave Law for various reasons impacting themselves or their family members. These reasons include:
Sick Leave:
- For mental or physical illness, injury, or health condition, whether diagnosed or not, requiring medical care.
- For diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or for preventive care.
- For recovering from side effects of the COVID-19 vaccination.
Safe Leave:
- When the employee or their family member is a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking.
- To access services from domestic violence shelters, rape crisis centers, or other services programs.
- To participate in safety planning or relocate temporarily or permanently to increase safety.
- To meet with attorneys or social services providers for legal advice or preparation for legal proceedings.
- To file complaints with law enforcement or meet with district attorney’s offices.
- To enroll children in new schools or take actions necessary for the health and safety of the employee or family members.
These are some of the permitted uses of accrued leave under the NYC Paid Sick Leave Law, allowing employees to take time off for various health-related and safety reasons.
How Does the NYC Paid Sick Leave Law Protect Employees from Retaliation?
As an NYC employment law firm, we understand how crucial it is for employees to feel safe using their sick leave. The NYC Paid Sick Leave Law protects workers from retaliation by their employers. This means that if an employee takes sick leave, your employer cannot retaliate against you, such as by wrongfully terminating your employment or demoting you upon your return to work. If an employee does face retaliation, you can seek assistance from a seasoned employment lawyer or contact the Department of Labor’s Anti-Retaliation Unit. Employers are also required to keep detailed records of sick leave and provide a summary when requested by an employee. These rules ensure fairness and safety in the workplace.
Derek Smith
9 min. read
Derek Smith