New York City Paid Sick Leave

Beginning April 1st, 2014, certain employers in New York City must comply with a new law covering employees’ right to use sick leave for care and treatment of themselves or a family member. Employers with five or more employees that work more than 80 hours in a calendar year (any regular and consecutive 12-month period of time) must provide up to 40 hours of paid sick leave at the regular hourly rate of pay (but no less than minimum wage, currently $8/hour in New York). Those with one to four employees must still allow up to 40 hours of sick leave, but they are not required to pay the employees for that time off.

Employers must give covered employees the Notice of Employee Rights created by the Department of Consumer Affairs:

• Existing employees (employed before April 1, 2014): Must get Notice by May 1.
• New employees (first employed on or after April 1, 2014): Must get Notice on first day of employment.

The Notice is currently available in English, Spanish, Chinese, French-Creole (Haitian Creole), Italian, Korean, and Russian.

The law does not apply to:

• Government agencies (U.S. government, State of New York, City of New York)
• Federal work study programs
• Employees whose work is compensated by qualified scholarship programs
• Physical therapists, occupational therapists, speech language pathologists, and audiologists who are licensed by the New York State Department of Education
  • These professionals are not covered under the law if they call in for work assignments at will; determine their own work schedule; have the ability to reject or accept any assignment referred to them; and are paid an average hourly wage, which is at least four times the federal minimum wage.
• Independent contractors who do not meet the definition of an employee under New York State Labor Law
• Participants in Work Experience Programs
• Certain employees subject to a collective bargaining agreement
• Employees who do not work more than 80 hours in a calendar year

If you would like to learn more about this law and how it may affect you as an employer in New York City, contact GTM Payroll Services.