New York City's New Sick Time Law

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General Provisions -

Under the Act, private employers with five (5) or more employees must now provide paid sick time to their employees. Specifically, employers covered under the Act are now required to provide a minimum of one (1) hour of paid sick time for every thirty (30) hours worked by an employee, subject to a cap of forty (40) sick time hours per calendar year. "Sick time" includes absence from work due to: (1) an employee's or a family member's1 mental or physical illness, injury or health condition or need for preventative care; and (2) the closure of an employee's place of business by a public official due to a public health emergency or the employee's need to care for a child whose school or childcare has been closed for the same reason. The term "employee" as used in the Act generally encompasses individuals who are employed either full-time or part-time who work within New York City for more than eighty (80) hours in a given calendar year.

Regarding the use and accrual of sick time, sick time begins to accrue at either the commencement of an employee's employment or April 1, 2014, whichever is later, and employees may start to use accrued sick time either 120 days after the commencement of their employment or April 1, 2014, whichever is later. While employers may require up to seven (7) days' notice of an employee's need to use sick time, where that need was not foreseeable, employers may only require that notice be given as soon as may be practicable. Employers may, however, establish reasonable minimum increments in which sick time may be used. Such minimum increments cannot exceed four (4) hours per day.

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Topics:  Employee Benefits, Employer Mandates, Sick Leave

Published In: Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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