The benefits of paid sick leave extend far beyond the positive impact on individual families. It's also about making our businesses run better, and protecting the health and welfare of their customers. - Mayor Bill de Blasio WHAT WE WILL COVER Brief introduction What does the law provide? Who is covered under the law? Notice of Employee Rights How does sick leave accrue? For what purposes can employees use sick
leave? Compliance Q & A BRIEF INTRODUCTION NYC is one of many jurisdictions with a law requiring employers to provide sick leave. More than 1 million NYC employees will now have the right to sick leave. BRIEF INTRODUCTION The Department of Consumer Affairs (DCA) oversees implementation and enforcement of the Earned Sick Time Act (Paid Sick Leave Law).
Employers and employees can get the required Notice of Employee Rights, one-page overviews, FAQs, and training event schedule in the following ways: Visit our offices at 42 Broadway, 11th Floor, New York, NY 10004 Visit nyc.gov/PaidSickLeave Call 311 WHAT DOES THE LAW PROVIDE? Under the law, employees have the right to use sick leave for the care and treatment
of themselves or a family member. The law recognizes the following as a family member: Child (biological, Parent adopted, or foster child; legal ward; child of an employee standing in loco parentis) Grandchild Spouse Domestic Partner
Grandparent Child or parent of an employees spouse or domestic partner Sibling (including a half, adopted, or step sibling) WHAT DOES THE LAW PROVIDE? KEY FACTS: EMPLOYEES Employers with 5 or more employees who
work more than 80 hours per calendar year in NYC must provide paid sick leave. Employers with 1-4 employees who work more than 80 hours per calendar year in NYC must provide unpaid sick leave. WHAT DOES THE LAW PROVIDE? KEY FACTS:with DOMESTIC An employer 1 or more domestic WORKERS
workers who have worked for the employer for at least 1 year must provide up to 2 days of paid sick leave. Domestic worker(s) must work more than 80 hours per calendar year. Definition: person employed in a home or residence for the purpose of caring for a child, serving as a companion for a sick, convalescing or elderly person, housekeeping, or for any other domestic service purpose. NYS Labor Law City leave is in addition to up to 3 days of
WHO IS COVERED UNDER THE LAW? The law covers: Full-time employees Part-time employees Temporary employees Per diem and on call employees Transitional jobs program employees Undocumented
employees Employees who are family members but not owners Employees who live outside of NYC but work in NYC WHO IS NOT COVERED UNDER THE LAW? The law does not cover: Employees who work 80 hours or
less a calendar year in NYC Employees of government agencies Independent contractors Students in federal work study Employees whose work is compensated by qualified scholarship
programs Participants in Work Experience Programs (WEP) PRE-EXISTING UNION CONTRACTS The law does not take effect for employees covered by a valid collective bargaining agreement that was in effect on April 1, 2014 until that agreement ends. UNION CONTRACTS
The law will apply to employees covered by a collective bargaining agreement entered into after April 1, 2014 unless: For most employees: For employees in the grocery or construction industries: Agreement must expressly waive the laws provisions and provide comparable benefit.
Agreement must expressly waive the laws provisions but does not have to provide comparable benefit. NOTICE OF EMPLOYEE RIGHTS Employers must give covered employees the Notice of Employee Rights created by DCA. Existing employees New employees (Already employed before April (First employed on or after 1, 2014): April 1, 2014):
Must get Notice by May 1. Must get Notice on first day of employment. Employee must get Notice in English and, if available on DCA website, the employees primary language. Notice is available in English and 25 additional languages at NOTICE OF EMPLOYEE RIGHTS Includes:
Accrual rate and information on how to use sick leave. Employers calendar year. Right to be free from retaliation. Right to file a complaint. NOTICE OF EMPLOYEE RIGHTS Employers are not required to keep or maintain a copy of the Notice signed by the
employee; however, saving signed copies is recommended for record keeping. Employers can give employees the Notice in person, by regular mail, or by email. Save email receipts. Employers also must provide their sick leave policies to their employees in writing. HOW DOES SICK LEAVE ACCRUE? Employees who work more than 80 hours a calendar year accrue 1 hour of sick leave for every 30 hours worked.
Existing employee Date Accrual Begins Date Accrued Sick Leave Available for Use April 1, 2014
July 30, 2014 New employee First day of 120 days after first employment day of employment A calendar year is a consecutive 12-month period of time determined by employer.
SICK LEAVE TIMEKEEPING TOOLS To help employers keep track of sick leave accrual and use for employees, DCA developed Timekeeping Tools. They are available to use at www. nyc.gov/PaidSickLeave Use the tool that corresponds to how you keep track of hours worked: Daily, Weekly, or Biweekly. Instructions are included with each tool.
WHAT HAPPENS TO UNUSED SICK LEAVE? Employees can carry over up to 40 hours of unused sick leave to the next calendar year. Employees continue to accrue up to 40 hours of sick leave in addition to the sick leave carried over from the previous year. Employers are only required to allow employees to use up to 40 hours of sick leave per calendar year. RATE OF PAID SICK LEAVE Employers with 5 or more employees pay
employees at their regular hourly rate but no less than $8 per hour (minimum wage). This includes employees whose salary is based on tips or gratuity. FOR WHAT PURPOSES CAN EMPLOYEES USE SICK LEAVE? Employees can use leave for themselves or a family member for: Mental or physical illness, injury, or health condition. Medical diagnosis, care, or treatment of above. Preventive medical care. Business closes due to a public health
emergency. Care of child whose school or child care provider closed due to a public health emergency. FOR WHAT PURPOSES CAN EMPLOYEES USE SICK LEAVE? Employers can require documentation from a licensed health care provider if employee uses more than 3 consecutive workdays as sick leave. Employees are allowed a minimum of 7 days from the day they return to work to obtain documentation from a licensed
health care provider. Employers cannot require provider to specify the medical reason for sick leave. Employers must keep any health related information FOR WHAT PURPOSES CAN EMPLOYEES USE SICK LEAVE? Employer can require up to 7 days advance notice when employees know they will be using sick leave. Example: scheduled doctors appointment Employer may require employees to give notice as soon as practicable (reasonable)
when employees do not know they will be using sick leave. Example: accident This notice requirement must be included in written paid sick leave policies that are FOR WHAT PURPOSES CAN EMPLOYEES USE SICK LEAVE? An employer can set a reasonable minimum daily increment for the use of sick leave, but the minimum cannot be more than 4 hours per day unless otherwise permitted by state or
federal law. OTHER LEAVE POLICIES The Paid Sick Leave Law sets the minimum requirements for sick leave. An employers existing leave policies may already meet or exceed the requirements of the law. Example: If employer gives employees at least 40 hours of paid leave that employees can use for sick leave under the same conditions as the Citys Paid Sick Leave Law, the employer does not have to give additional time off.
COMPLIANCE DCA is coordinating an extensive public education and outreach campaign to help employers and employees understand their responsibilities and rights. Employers must keep and maintain records documenting compliance with the law for at least 3 years. Employers must keep any health related information confidential. COMPLIANCE Employees have 2 years to file a complaint
with DCA. DCA will attempt to mediate complaints to resolve them. Employers must respond to DCAs written request for information within 30 days. DCA can issue a violation if mediation is not successful. RETALIATION Employers are strictly prohibited from interfering with investigations or retaliating against employees for exercising or attempting to exercise protected rights, including using sick leave and filing
complaints with DCA. DCA takes allegations of retaliation very seriously. Employers may be required to take corrective actions, including rehiring an employee who was unlawfully fired. RELIEF AND PENALTIES UNDER THE LAW may be liable for lost wages, Employers lost benefits, monetary fines, and relief, including equitable relief Employee relief amounts range from $250
to $2500, plus lost wages and benefits (for retaliation) Maximum fine amounts $50 per employee for not distributing the Notice of Employee Rights $500 per violation, increasing to $750 or $1000 for repeat violations within 2 years RULES Final Rules were published July 30, 2014 and are available at nyc.gov/PaidSickLeave. Rules clarify provisions in the Paid Sick Leave Law, establish requirements to
implement the Act and meet its goals, and provide guidance to covered employers and protected employees. DCA IS HERE TO HELP PAID SICK LEAVE To file a complaint, get information, speak with a DCA representative, schedule a training: Visit nyc.gov/PaidSickLeave Call 311 (212-NEW-YORK outside NYC) and ask for information about Paid Sick Leave Email [email protected] Use online Live Chat at nyc.gov/BusinessToolbox
(Businesses only) Visit 42 Broadway, 11th Floor, New York, NY 10004. Office hours are 9 a.m. to 5 p.m. Monday through Friday. DCA IS HERE TO HELP GENERAL/FINANCIAL EMPOWERMENT Visit nyc.gov/consumers Search Financial Empowerment for free one-on-one professional financial counseling and safe banking products. Contact 311 (212-NEW-YORK outside NYC)
Ask for Financial Empowerment Center, NYC SafeStart Account. Use online Live Chat at nyc.gov/BusinessToolbox (Businesses only) QUESTIONS? Updated
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