Monday, January 6, 2014

NYC Mandatory Sick time rules effective 1/1/14

• Beginning April 1, 2014, private sector workers in businesses with 20 or more employees will be
able to earn up to 40 hours of paid sick time a year. Private sector workers in smaller businesses
will receive job protection for up to 40 hours of unpaid sick time a year.
• Beginning October 1, 2015, the business size threshold for paid sick time will be lowered, and
workers in businesses with 15 or more employees will earn up to 40 hours of paid sick time a year.
Workers in smaller businesses will still receive job protection for 40 hours of unpaid sick time.
• Workers will earn one hour of sick time for every 30 hours worked.
• Business size will be determined by counting all workers in a business. In certain chain businesses
and franchises, all workers in the chain or franchise will be counted together in determining if the
business meets the size threshold for paid sick time.
• Paid or unpaid sick time can be used to care for a worker’s own health needs or to care for the
health needs of a worker’s spouse, domestic partner, child, parent, or the child or parent of a
worker’s spouse or domestic partner.
• Workers will begin earning sick time as soon as they are hired but will have to work for 120 days
before they are able to use the time.
• Part-time workers will be covered by the bill and earn paid sick time based on hours worked.
• Domestic workers will receive some paid sick time even if they work for a single employer.
• Any type of paid leave—paid time off, vacation, personal days, etc.—will count for purposes of
complying with the law as long as it can be used for sick leave purposes.
• Workers will be protected against retaliation. The law will be enforced by the Department of
Consumer Affairs, which will have the power to take complaints and assess fines and damages for
violations of the law. Complaints must be filed with the agency within 270 days.
• The bill will not cover independent contractors, work-study students, government employees, and
certain hourly occupational, speech, and physical therapists.
• Certain workers in the manufacturing sector are excluded from the paid sick time requirement, but
they will receive job protection for up to 40 hours of unpaid sick time.
• Collective bargaining agreements (CBAs) in the construction and grocery trades may opt covered
workers out of this law, and other CBAs may opt out if the CBA provides comparable benefits