On September 28, 2020, New York City Mayor Bill de Blasio signed a law that amends the New York City Earned Safe and Sick Time Act (ESSTA) to mirror it with the New York State Sick Leave Law (NYSSLL).
The following amendments were made to the ESSTA:
· Adopts the same accrual amounts of sick/safe leave as the NYSSLL, based upon employer size;
· Aligns the circumstances under which an employee may use sick/safe leave;
· Eliminates the prior requirement that an employee must work eighty hours within NYC to be eligible for sick/safe leave and it revises the definition of “domestic worker” and terminates the option to impose a 120-day waiting period to use accrued sick/safe leave;
· Requires employers to reimburse employees for fees/costs/expenses for obtaining supporting documentation to use sick/safe leave;
· Requires employers to list on employee pay stubs (or in a separate document to be provided to employees each pay period) the amount of sick/safe leave accrued and used and the total remaining balance of accrued leave;
· Expands the scope of prohibited retaliation to include any adverse action against an employee
NYC employers were also required to provide notice of the changes to existing employees by October 30, 2020 and must also post the notice in a conspicuous place and provide the notice to all new hires. The notice may be obtained on this website: https://www1.nyc.gov/site/dca/about/Paid-Safe-Sick-Leave-Notice-of-Employee-Rights.page. Additionally, NYC employers must also ensure that they are providing employees with a summary of accrued and used time by November 30, 2020.
All NYC employers are advised to review their sick/paid time off policies to ensure compliance with these laws. If you have any questions on this matter or any other HR matter, please contact PMP at 516-921-3400.