Navigating employment laws can be tricky, especially in New York City. One important law you should know about is the Paid Safe and Sick Leave Law. It’s there to help you if you get sick, have a family emergency, or face tough situations like domestic violence.
Whether you're wondering about getting paid leave, what your employer has to do, or what to do if your rights are violated, this guide has you covered. Let's explore NYC's employment laws together, so you can feel confident and secure in your job.
As a law firm specializing in NYC employment law for employees, we aim to make your rights clear and ensure you understand how this law safeguards you. For any inquiries, feel free to reach out to us for a free consultation at 800-807-2209.
What You Should Know About New York City’s Paid Safe and Sick Leave Law?
New York City’s Paid Safe and Sick Leave Law ensures the right to paid leave for New Yorkers who need time off due to illness or other challenging circumstances.
Understanding Paid Leave Entitlement in New York City
- Employers with 100 or More Employees: If your employer falls into this category, you are eligible for up to 56 hours of paid leave each year.
- Employers with 5 to 99 Employees: Companies within this range must provide up to 40 hours of paid leave per year to their employees.
- Small Businesses: The provision of paid leave varies based on net income:
- Those with a net income of $1 million or more must provide up to 40 hours of paid leave annually.
- Businesses with a net income of less than $1 million are required to offer up to 40 hours of unpaid leave each calendar year.
- Domestic Workers: The entitlement for domestic workers also depends on the employer’s size:
- Those employed by an entity with one or more domestic workers may receive up to 40 hours of paid leave per calendar year.
- Employers with 100 or more domestic workers must provide up to 56 hours of paid leave annually.
Flexible Usage Policies:
Your accrued leave can be utilized immediately upon earning it, without any waiting period. Additionally:
- There is no obligation to inform your employer in advance if you need to use your leave unexpectedly.
Employer Obligations:
Employers are legally required to adhere to certain obligations regarding paid leave:
-
- They must provide a written policy explaining how to use leave.
- Employers can only ask for a doctor’s note if you miss work for over three days.
- Your employer should tell you how much leave you have left on your paystub or through an online system.
COVID-19 Paid Leave:
In light of the COVID-19 pandemic, additional paid leave may be available under New York State law if you or a family member contracts the virus. Contact the New York State Department of Labor for further details on eligibility and benefits.
By knowing these rules, you can make sure you understand your rights about getting paid time off in New York City.
If you believe you qualify for any of the related leave, consider consulting an employment lawyer to understand your rights and options under New York State law.
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.
Navigating Workplace Challenges: Get Help from Derek Smith Law Group
Facing workplace issues with sick leave or retaliation? Reach out now! Our team at Derek Smith Law Group is here to guide you. Get a free consultation to discuss your situation and find the best path forward. We only charge if we win your case. Contact us online or call 800-807-2209. We are here to support you every step of the way!