Information for Employers on Paid Safe and Sick Leave

Information for Employers on Paid Safe and Sick Leave

New Amendments to NYC’s Paid Safe and Sick Leave Law

DCWP is in the process of updating and translating materials to reflect the below new amendments to NYC’s Paid Safe and Sick Leave Law.

  • Employers must provide domestic workers with 40 hours of paid safe and sick leave.
  • Employers must allow employees to use safe and sick leave as it is accrued, with no waiting period for new hires.
  • Employers can require documentation when employees use more than three workdays in a row of safe and sick leave; and employers must reimburse employees for any fees paid for required documentation.
  • Employers must inform employees of their accrued, used, and total leave balances on a document issued each pay period (e.g., paystub) or through an employee-accessible electronic system.
  • Employers with 100 or more employees in New York State must provide up to 56 hours of paid leave.
  • Employers with four or fewer employees in New York State and a net income of $1 million or more must provide PAID leave.

Reminder: Employers with 5 to 99 employees in New York State must provide up to 40 hours of paid leave each calendar year. Employers with four or fewer employees in New York State and a net income of less than $1 million must allow employees to take up to 40 hours of unpaid leave. Please continue to monitor nyc.gov/workers.

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Important Information for Employers

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.

Read What Employers Need to Know.

Read Rules for Safe and Sick Leave Policies (05/2018)

Read FAQs on NYC's Paid Safe and Sick Leave Law (11/2020)

Read Answers to Employer Questions (07/2016)

Employers of Domestic Workers: Learn how NYC's Paid Safe and Sick Leave Law affects you.



Employer Tools

Safe and Sick Leave Timekeeping Tool
DCA has developed an Excel tool to help you keep track of employees' hours worked and safe and sick leave used and automatically calculate leave accruals and balances. The tool allows for Daily, Weekly, or Biweekly tracking. Instructions are included in the tool. The tool is only for use by employers with fewer than 100 employees in New York State. The tool is 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.



Paid Safe and Sick Leave and Weather

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.



Enforcement for Airline Flight Crew Employees

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).



Law/Rules Packet

Download the Paid Safe and Sick Leave Law/Rules packet.

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.



Questions?

Have questions about NYC's Paid Safe and Sick Leave Law? Contact DCA in one of the following ways: