New Amendments to NYC’s Paid Safe and Sick Leave Law Will Take Effect in 2 Phases
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Effective September 30, 2020, employers must:
Effective January 1, 2021:
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Employers, including a nonprofit or small business, must provide safe and sick leave for their employees.
Employers must distribute the Notice of Employee Rights to their employees.
Employers of Domestic Workers: Learn how NYC's Paid Safe and Sick Leave Law affects you.
Safe and Sick Leave Timekeeping Tools
DCA has developed tools to help you keep track of employees' hours worked and safe and sick leave used and automatically calculate accruals and end-of-the-year carryover of safe and 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 Safe and Sick Leave
Under New York City's Earned Safe and Sick Time Act (Paid Safe and Sick Leave Law), employers are permitted to ask employees to verify that an instance of safe or sick leave of any length was used for an authorized purpose under the law. Download the model form.
Model Form - Employee Notification of Intention to Use Earned Safe or Sick Leave
Employers can require employees to sign a form if they want to use earned safe or sick leave for a foreseeable need. Download the model form.
Model Form - Employee Request to Make up Missed Work as Alternative to Using Earned Safe and 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 safe and sick leave. Download the model form.
For those employers who do not frontload safe and sick leave on the first day of a new calendar year, you must carryover up to 40 hours of unused safe and sick leave from one calendar year to the new calendar year. Additionally, you must allow an employee to accrue one hour of safe and sick leave for every 30 hours worked, up to a maximum of 40 accrued hours in a calendar year. In other words, accrual of safe and sick leave in a new calendar year is independent of carryover of unused safe and sick leave from a previous year.
The chart below provides an example of how a hypothetical employee accrues and carries over safe and sick leave in four calendar years.
|Example of An Employee's Safe and Sick Leave Hours Over 4 Calendar Years|
|Safe and 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 safe and sick leave to employees who are late or absent as a result of the weather and employers are not required to provide leave if the employer is closed due to the weather. Read the Paid Safe and Sick Leave FAQs for more information.
Read DCA Enforcement Policy with respect to coverage of airline flight crew employees under the New York City Earned Safe and Sick Time Act (Paid Safe and Sick Leave Law).
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 Safe and 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.
Have questions about NYC's Paid Safe and Sick Leave Law? Contact DCA in one of the following ways: