Paid Safe and Sick Leave: What Employers Need to Know

New amendments to NYC’s Earned Safe and Sick Time Act (Paid Safe and Sick Leave Law) took effect September 30, 2020 and January 1, 2021. If you are a private or nonprofit employer in NYC or if you employ domestic workers in NYC, read the below fact sheet to understand employer responsibilities. Under the Law, covered employees have the right to use safe and sick leave for:

health, including the care and treatment of themselves or a family member; and
safety, including 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, unwanted sexual contact, stalking, or human trafficking.

Notice of Employee Rights

You must provide each covered employee with written Notice of their right to safe and sick leave, including accrual and use of safe and sick leave, the right to file a complaint, and the right to be free from retaliation. The Notice must state the start and end dates of your Calendar Year. Employees have a right to the Notice in English and in their primary language if a translation is available on the DCWP website nyc.gov/workers. You must also post the Notice in the workplace in an area that is visible and accessible to employees. Visit Paid Safe and Sick Leave: Notice of Employee Rights webpage.

Retaliation

You cannot retaliate against employees for requesting or using safe and sick leave. Retaliation includes any threat, discipline, discharge, demotion, suspension, or reduction in an employee’s hours, or any other adverse employment action against an employee that deters an employee from exercising or attempting to exercise any right guaranteed under the Law, which includes actions related to perceived immigration status or work authorization.