The New York City Council passed the controversial sick leave act, the Earned Sick Time Act (the Act), on June 26, 2013. The City Council overrode Mayor Michael Bloomberg’s veto and passed the Act, granting employees in New York City up to 40 hours of paid sick leave per year. For employees not eligible for paid leave, the Act provides up to 40 hours of unpaid sick leave per year. The Act goes into effect on April 1, 2014, for employers with at least 20 employees, and coverage expands on October 1, 2015, to employers with at least 15 employees. New York joined Portland, San Francisco, Seattle and Washington D.C., in a growing trend toward providing paid leave to employees. The Act is projected to provide an estimated one million workers with up to five paid sick days annually.

Which Employers Are Covered?

The Act applies to private employers with 20 or more employees as of April 1, 2014, and it will expand to employers with 15 or more employees as of October 1, 2015, and to employers of one or more domestic workers. The Act does not apply to public employers, including employees of the United States, New York State or New York City governments. Where the number of employees fluctuates above or below 20 persons per week over the course of a year, the business size will be determined for the current calendar year based upon the average number of persons who worked for compensation per week during the preceding calendar year. All persons performing work for compensation, whether on a full-time, part-time, or temporary basis, count toward determining coverage.