Employers Must Comply by June 4, 2018 with Amended NYC Earned Safe and Sick Time Act
In New York City employers need to comply with the amended NYC Earned Safe and Sick Time Act (the “Act”), discussed in our November 2017 Client Alert: New York City Expands Paid Sick Leave to Domestic Violence, Assault and Sex Trafficking Victims by June 4, 2018. Employers are required to provide all current employees and new hires with a new Notice of Employee Rights in both English and each employee’s primary language, to the extent a form in such language is made available on the New York City Department of Consumer Affairs (“DCA”) website. Current versions include French, Chinese, French, Spanish, Italian, Polish, Russian, and 19 other languages. Some employers offer leave benefits that exceed the Act’s minimum requirements. Such employers, in addition to distributing the form notice supplied by the DCA, may wish to circulate a written statement noting that the employer’s leave policies provide benefits in excess of the minimum required by the Act.
In general, the Act requires employers with five or more employees who are employed for hire more than 80 hours a calendar year in New York City to provide paid sick leave. Every such NYC employer must provide each employee with written notice of the employee’s right to safe and sick leave, including accrual and use of safe and sick leave, the right to file a complaint, and the right to be free from retaliation. The notice must state the start and end dates of the employer’s calendar year. As noted above, employees have a right to the notice in English and, if available on the DCA website, their primary language. Even if an employer earlier provided a Notice of Employee Rights to comply with the Act, it must provide the new Notice of Employee Rights (containing safe leave information) to all employees by June 4, 2018.