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Proposed Legislation Would Require New York City Employers to Provide Paid Sick Leave

A proposal is now pending before the New York City Council to amend the Administrative Code of New York City to require all employers - no matter how small - to provide paid sick leave to employees working in the city.  The definition of "employee" under this bill is expansive, and would include any person working in New York City for more than 80 hours in a calendar year, either on a full or part-time basis.  If passed, this legislation would provide employees with the ability to use the accrued leave in a variety of circumstances that are not typically covered by voluntary or collectively bargained paid sick leave programs.

As written, the proposed law would require employers with ten or more employees to provide a minimum of one hour of paid sick leave for every 30 hours worked, not to exceed 72 hours of sick time in one calendar year.  Employers with fewer than ten employees must provide a minimum of one hour of paid sick leave for every 30 hours worked, not to exceed 40 hours of sick time in a calendar year.  In determining the employer's size, all full-time, part-time and temporary workers would be taken into consideration.

Accrued sick leave would carry over from one year to the next.  Employers may, however, limit the amount of carryover leave to 72 hours per year, or 40 for employers with fewer than 10 employees.  The leave could be used in a variety of ways, including for absences due to an employee's own, or a relative's, mental or physical illness, injury or health condition, or for preventative care, medical diagnosis or treatment.  If the employee or relative is a victim of domestic violence or stalking, the employee could use the paid time off to seek a medical diagnosis, care or treatment, obtain psychological, legal or other counseling, obtain services from a victim's services organization, or prepare for a civil or criminal proceeding.

Additionally, employees could use such paid leave for time off necessitated by closure of the employer's business because of a health emergency or due to the employee's need to care for a child whose school or place of care has been closed due to a public health emergency.  Civil monetary penalties would apply to employers found in violation of this law.

For a full discussion of this proposed sick leave bill, continue reading Proposed Legislation Would Require New York City Employers to Provide Paid Sick Leave, written by Terri M. Solomon and Adam Malik.

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