Employers with employees in New York City are already familiar with New York City’s “Earned Sick Time Act” (which went into effect in April 2014).  This Act was amended, effective May 5, 2018, to include leave for “safe time” purposes to address certain non-medical needs that may arise if an employee or his/her family member is a victim of a family offense matter, sexual offense, stalking, or human trafficking.  If they have not yet done so, employers should provide notice to their existing employees working in New York City of their right to safe leave.

Covered Uses

As amended, the Act — now known as the “New York City Earned Safe and Sick Time Act” — permits eligible employees to take paid “safe time” leave when the employee or his/her family member (the definition of which was amended and broadened in scope) has been the victim of a family offense matter, sexual offense, stalking, or human trafficking.  Specifically, the Act, as amended, allows employees to use safe time leave for the following reasons:

• To file a complaint with law enforcement, including a complaint regarding a domestic abuse incident;
• To meet with a district attorney’s office;
• To enroll children in a new school;
• To obtain services from a domestic violence shelter, rape crisis shelter, or other shelter or services program for relief from a family offense matter, sexual offense, stalking or human trafficking;
• To participate in safety planning, temporarily or permanently relocate, or to take other actions to increase the safety of the employee or the employee’s family member from future family offense matters, sexual offenses, stalking or human trafficking;
• To meet with a civil attorney or other social service provider to obtain information and advice regarding any criminal or civil proceeding, including but not limited to, matters related to family offenses, sexual offenses, stalking or human trafficking, custody, visitation, matrimonial issues, orders of protection, immigration, housing, discrimination in employment, house or consumer credit; or
• To take other actions necessary to maintain, improve or restore the physical, psychological, or economic health or safety of the employee or the employee’s family member.

The Act, as amended, now includes a broader definition of “family member”.  Specifically, the definition was amended to include individuals related by blood and any other individual whose close association with the employee is the equivalent of a family relationship.  (Previously, the definition of family member was limited to spouse, domestic partner, parent, child, sibling, grandparent, grandchild, or the child or parent of the employee’s spouse or domestic partner.)

Notice and Documentation Requirements

The existing notice and documentation requirements of the law now extend to safe time absences.  Thus, if an employee’s need for safe leave is foreseeable, employers may require advance notice of up to seven days before the leave will begin.  For unforeseeable leaves, employees must notify the employer as soon as practicable.  In addition, employers can require that employees provide written confirmation that leave was used for a covered purpose.  If an employee is absent for three (3) consecutive work days or more, employers are permitted to require reasonable documentation substantiating the employee’s use of safe leave.  Information obtained by the employer concerning an employee’s or his/her family member’s victim status must be treated as confidential and may only be disclosed with written consent of the employee.

What Employers Must Do Next

If they have not already been updated, employers with employees in New York City should make sure to update their paid sick leave policies to include paid safe time leave.  Most importantly, employers must provide the requisite notice to all new employees upon hire.  For current employees, the requisite notice must be provided as soon as possible to ensure that employees are fully informed of their rights. The notice form containing the information required is available on the New York City Department of Consumer affairs website, here.  The form allows the employer to fill in applicable dates for their calendar year as required by the law.