Thursday, October 22, 2020
On September 28, 2020, New York Metropolis Mayor Invoice de Blasio signed Council Int. No. 2032-A, which amended the New York Metropolis Earned Protected and Sick Time Act (“NYCESSTA”) to correspond with the lately up to date New York State Sick Go away Regulation (“NYSSL”) that took impact on September 30, 2020. See our earlier bulletin New York Enacts Statewide Paid Sick Go away Regulation.
A lot of the latest modifications goal to align the NYCESSTA with the NYSSLL. Moreover, the amendments to the New York Metropolis regulation impose a number of further necessities, and potential authorized legal responsibility, on employers.
I. Adjustments that Align the Metropolis Regulation with the State Regulation
Sure of the amendments to the NYCESSTA are meant to create consistency between Metropolis and State regulation and embody the next modifications:
Quantity of Sick Go away
Employers with four or fewer workers in a calendar yr and a internet revenue of $1 million or much less within the earlier tax yr should present every worker with not less than 40 hours of unpaid sick go away every calendar yr.
Employers with four or fewer workers in any calendar yr and a internet revenue of greater than $1 million within the earlier tax yr should present every worker with not less than 40 hours of paid sick go away every calendar yr.
Employers with between 5 and 99 workers in any calendar yr should present every worker with not less than 40 hours of paid sick go away every calendar yr.
Employers with 100 or extra workers in any calendar yr should present every worker with not less than 56 hours of paid sick go away every calendar yr.
Unused Go away/Carryover
An worker might carry over unused sick go away to the next calendar yr, as follows:
for employers with 99 or fewer workers, as much as 40 hours of unused sick go away could also be carried over to the next calendar yr;
for employers with 100 or extra workers, as much as 56 hours of unused sick go away could also be carried over to the next calendar yr.
Staff might start accruing sick go away in accordance with the above schedule on September 30, 2020 and can be capable of use any newly supplied sick go away beginning on January 1, 2021. Moreover, as of January 1, 2021, there isn’t any ready interval to be used of accrued sick go away. Beforehand, newly employed workers needed to wait 120 days earlier than they might use any accrued sick go away.
Home employees are outlined in Part 2(16) of the NY Labor Regulation and embody individuals who present care for a kid, companionship for a sick, convalescing or aged particular person, housekeeping, or any home service in a house or residence. The amended NYCESSTA removes delayed accrual instances and diminished go away instances for home employees. Employers should now present home employees with 40 hours of paid sick go away.
II. Further Adjustments to the NYCESSTA
The amendments impose a number of further necessities on New York Metropolis employers:
Employers at the moment are required to doc the quantity of sick go away an worker accrues and makes use of, in addition to the worker’s whole steadiness of accrued sick go away. The documentation needs to be included on a pay assertion or different type of written discover supplied to the worker every pay interval.
Value of Medical Documentation
For an absence of greater than three consecutive work days utilizing sick time, an employer might require affordable documentation of the necessity for the absence and use of sick go away. If a well being care supplier fees an worker a payment for the documentation, the employer is required to reimburse the worker for that payment.
Discover of Worker Rights
Employers should conspicuously put up a Discover of Worker Rights on the employer’s office in an space accessible to workers (e.g., lunchroom, locker room, and so forth.). The Discover of Worker Rights (which has not but been, however finally can be issued by the New York Metropolis Division of Shopper and Employee Safety) should even be supplied to every worker on the graduation of employment. For workers who had been employed previous to the efficient dates of those provisions, such discover needs to be supplied inside 30 days of the regulation’s efficient date.
The amendments increase the definition of retaliation beneath the NYCESSTA and prohibit any antagonistic motion towards an worker that penalizes an worker for, or in all fairness prone to deter an worker from, exercising or trying to train rights or that interferes with an worker’s train of rights beneath the NYCESSTA. Opposed actions embody, however usually are not restricted to: threats, intimidation, self-discipline, discharge, demotion, suspension, harassment, discrimination, discount in hours or pay, informing one other employer of an worker’s train of rights, blacklisting, upkeep or software of a punitive absence management coverage, and actions associated to perceived immigration standing or work authorization. An worker needn’t explicitly discuss with a provision of this chapter or implementing guidelines to be shielded from an antagonistic motion. The protections apply to any one that mistakenly however in good religion asserts his or her rights or alleges a violation of the NYCESSTA.
In any civil motion commenced pursuant to the NYCESSTA, an employer could also be accountable for a civil penalty of no more than $15,000 within the occasion that the employer is discovered to have engaged in a sample or observe of violations of the NYCESSTA. Any civil penalty recovered shall be paid into the final fund of the Metropolis. Employers may be required to pay as much as $500 to every worker who has been denied the precise to make use of sick time in violation of the NYCESSTA.