The New York City Earned Safe and Sick Time Act allows employees to use safe and sick leave for the care and treatment of themselves or a family member, for the closure of their job or their child’s school due to a public health emergency, and to seek assistance or take other safety measures if the employee or a family member may be the victim of any act or threat of domestic violence or unwanted sexual contact, stalking, or human trafficking.
The amount of safe and sick time employees are eligible to accrue, and whether it is paid or unpaid, is determined as follows:
- Employers with four or fewer employees and a net income of less than $1 million in the previous tax year must provide employees with at least 40 hours of unpaid safe and sick time per calendar year.
- Employers with four or fewer employees and a net income of greater than $1 million in the previous tax year; employers with one or more domestic workers; and employers with between five and 99 employees must provide employees with at least 40 hours of paid safe and sick time per calendar year.
- Employers with 100 or more employees must provide employees with at least 56 hours of paid safe and sick time per calendar year.
Employees can use their accrued leave now. However, employees of any employer with four or fewer employees and a net income of more than $1 million in the previous tax year and employers with 100 or more employees may use the accrued leave on or after January 1, 2021.
The New York City Paid Safe and Sick Leave Poster describes:
- the right to safe and sick time,
- the amount and use of safe and sick time,
- protection from retaliation for requesting time off, and
- the required written disclosures about safe and sick leave.
Covered employers must provide the written notice of safe and sick leave rights (New York City Paid Sick Leave Poster) to employees when they begin employment or when their rights changes. Employers must also display the notice in the workplace in an area that is visible and accessible to employees. (NYC Administrative Code, § 20-919)
Additional Requirements: Employers must provide each employee the amount of safe and sick time accrued and used during a pay period and an employee’s total balance of accrued safe and sick time must be noted on a pay statement or other form of written documentation provided to the employee each pay period.