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NYC Issues Additional Rules, Guidance and FAQs on Paid Sick Leave Law

11/01/18

Author: ADP Admin/Wednesday, October 31, 2018/Categories: New York

New York City has issued new rules and answers to frequently asked questions (FAQs) covering the city’s paid safe and sick leave law on September 20, 2018. The new rules and FAQs clarify certain aspects of the law and how it should be applied.

Background:
The pre-existing law is covered and generally explained in the Sick Leave Toolkit which will be updated as appropriate consistent with the rules and FAQs as appropriate. The law provides that New York City employers with five or more employees must provide employees with one hour of paid sick leave for every 30 hours worked, up to 40 hours in a 12-month period. Employers with less than five employees must also offer sick leave; however, the time can be unpaid.

In general, covered employees may take sick leave for their own or a family member's illness or injury or for certain business closures due to a public health emergency. Employees may also take leave when they or a covered family member have been the victim of a family offense matter, sexual offense, stalking, or human trafficking.

New Guidance:
The new rules and FAQs cover a variety of topics and scenarios, including who is covered by the law, accrual and use of leave, and requirements to provide written notice to employees (the specific components of the notice as well as when and how it must be provided to employees). The rules are available here, and the FAQs here.

Effective: The Law is already effective. These are rules and FAQ’s to clarify the law’s application.

Coverage: Employers with employees who work in the City of New York.

Action Required: New York City employers should review the rules and FAQs carefully and ensure that their policies and practices comply with the updated guidance. Our Sick Leave Toolkit is also currently being updated to incorporate any required revisions. It also includes Frequently Asked Questions and model sick leave policies for jurisdictions with sick leave laws. The updated Toolkit will be available shortly on FormSource in the Leave and Return to Work section or in your Forms Library, as applicable.

As always, please be sure to contact your HR Business Partner if you have any questions.

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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Tags: Compliance Corner11/01/18state update

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