New York City Paid Sick Leave

09/05/2013

Effective April 1, 2014, employers in New York City with more than 20 employees need to provide full-time and part-time employees up to 5 days of paid sick leave. Those with fewer than 20 employees are required to provide job-protected unpaid sick leave. Beginning October 1, 2015, the threshold reduces and those employers with at least 15 employees are required to provide paid leave.

Employees are entitled to one hour of sick time for every 30 hours worked if they work at least 80 hours in a calendar year. New hires can start accruing time but are not able to use the sick time until they have been employed for at least 120 days. Employees can use up to 40 hours per calendar year of sick time for one’s own medical needs or a family member’s health needs. An employer may require a reasonable notice of an employee planning to use accrued sick time if the need is foreseeable. If the need is unforeseeable, then notice should be given as soon as practicable. Any earned unused sick time can be carried over to the following year unless the employee is paid out at the end of the year.

Employers must notify their employees in writing of their right to sick time and the right to be free of retaliation. Also, employers must record the hours worked by employees and the amount of sick time accrued for a two year period.

The effective date of this law is conditional on economic indicators and may be delayed if the economy worsens. The compliance department at WGA will provide updates if anything changes.