Employers, including a nonprofit or small business, must provide sick leave for their employees.
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Employers must distribute the Notice of Employee Rights to their employees.
Read What Employers Need to Know
Read Rules for Sick Leave Policies
Find answers to common sick leave questions (FAQ)
Employers of domestic workers: Learn how the NYC's Paid Sick Leave Law affects you
Sick Leave Timekeeping Tools
DCA has developed tools to help you keep track of employees' hours worked and sick leave used and automatically calculate accruals and end-of-the-year carryover of sick leave. Use the tool that corresponds to how you keep track of hours worked: Daily, Weekly, or Biweekly (in Excel). Instructions are included with each tool. Note: To access tools, you must use Excel 2007 or later version. These tools are intended as an additional resource for employers. Employers can use the timekeeping method or service of their choice.
Model Form - Employee Verification Regarding Authorized Use of Earned Sick Leave
Under the law, you can require employees to submit written verification that they used sick leave for sick leave purposes after using any amount of sick leave. However, you cannot request medical documentation from employees until the employee uses more than three consecutive workdays as sick leave. If there is evidence that an employee is committing fraud or abuse by engaging in an activity that is not consistent with being sick or by exhibiting a pattern of taking leave on days when the employee is scheduled to perform duties perceived as undesirable, an employer may discipline the employee for misuse of sick leave. Download the model form .
Model Form - Employee Notification of Intention to Use Earned Sick Leave
Employers can require employees to sign a form if they want to use earned sick leave for a foreseeable need. Download the model form .
Model Form - Employee Request to Make up Missed Work as Alternative to Using Earned Sick Leave
Making up missed hours or swapping shifts cannot be required and is only allowed if both the employer and employee consent. Employers can require employees to sign a form if they want to work additional hours instead of using their sick leave. Download the model form .
Events: Visit our events page for a list of events where a DCA representative can help answer questions about the Paid Sick Leave law.
Interested in scheduling a training for your organization? Email us
For those employers who do not frontload sick leave on the first day of a new calendar year, you must carryover up to 40 hours of unused sick leave from one calendar year to the new calendar year. Additionally, you must allow an employee to accrue one hour of sick leave for every 30 hours worked, up to a maximum of 40 accrued hours in a calendar year. In other words, accrual of sick leave in a new calendar year is independent of carryover of unused sick leave from a previous year.
The chart below provides an example of how a hypothetical employee accrues and carries over sick leave in four calendar years.
|Example of An Employee's Sick Leave Hours Over 4 Calendar Years|
|Sick Leave Hours||Calendar Year 1||Calendar Year 2||Calendar Year 3||Calendar Year 4|
|Carried Over from Previous Calendar Year (capped at 40 hours)||n/a||20||40||40|
|Accrued (capped at 40 hours)||40||40||40||40|
|Used (capped at 40 hours)||20||0||40||0|
Employers are not required to provide paid sick leave to employees who are late or absent as a result of the weather and employers are not required to provide sick leave if the employer is closed due to the weather. Read the Paid Sick Leave FAQs for more information about when sick leave can be used.
Retaliation and Interference are Against the Law
You are prohibited from interfering with investigations or retaliating against employees who exercise their rights under the Paid Sick Leave Law. DCA takes allegations of retaliation very seriously. If we determine that you retaliated against an employee, you may be responsible not only for lost wages and benefits to the employee and fines to DCA, but also may be required to take certain actions, including the rehire of an employee who has been unlawfully terminated.
Since the Law took effect on April 1, 2014, DCA has worked with businesses to address questions and mediate complaints. Read Answers to Employer Questions to get answers to employers' most frequently asked questions to help you better understand the Law.
Still have questions? Contact DCA in one of the following ways:
Information, including the required Notice of Employee Rights and one page overview for employers and employees, are available in 25 additional languages. Also, the Rules for Sick Leave Policies, Information for Domestic Workers, and employer/employee forms are available in select languages.
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