NYC Expands Earned Sick Time Act to Include Safe Time

Safe TimeOn November 6, 2017, New York City Mayor Bill de Blasio signed Int. 1313-A, amending the Earned Sick Time Act. Under the Act, which was renamed Earned Safe and Sick Time, employers must allow employees to use paid time off for safe time for family offense matters, sexual offenses, stalking and human trafficking, and their family members. The time off can be used to:

  • obtain services from a domestic violence shelter, rape crisis center, or other shelter or services program;
  • participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members;
  • meet with a civil attorney or other social service provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding;
  • file a complaint or domestic incident report with law enforcement;
  • meet with a district attorney’s office;
  • enroll children in a new school; or
  • 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 or to protect those who associate or work with the employee.

An employee that is absent for more than three consecutive work days will be required to provide employers with documentation that proves the use of safe time was authorized. For example, employees may present a police record or a document signed by an employee, agent, or volunteer of a victim services organization from whom the employee or the employee’s family member has sought assistance.

Employers are responsible for providing the revised Notice of Employees Rights at the commencement of employment or within 30 days of the effective date (May 5, 2018). The notice must include information on an employee’s right to safe time. The New York City Department of Consumer Affairs is expected to release the revised Notice of Employee Rights before the law goes into effect. CPC will continue to monitor New York City Earned Safe and Sick Time Act; make sure to check back for more updates!