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Paid Sick Leave Important Ifnormation for Domestic Workers and Their Employers

NYC's Paid Sick Leave Law covers domestic workers.

Domestic workers who have worked for the same employer for at least one year and who work more than 80 hours a calendar year earn two days of paid sick leave under City law. The sick leave is in addition to the three days of paid rest to which domestic workers are entitled under the New York State law.

Who is a domestic worker?
New York State Law defines "domestic worker" as someone who works in another person's home. A domestic worker's job include:
• Caring for children or a sick or elderly person 
• Housekeeping chores
• Other domestic duties performed in the employers' home

This law does not cover domestic workers who: 
• Work on a casual basis, such as part-time baby-sitters in the homes of their employers
• Are relatives of their employers or of the person(s) for whom they offer care
 
For additional guidance on sick leave use and accruals, call 311 and ask to be transferred to DCA for information for employees about Paid Sick Leave.

How much does an employer have to pay an employee for paid sick leave?
An employer must pay the employee the employee’s regular hourly rate at the time the sick leave is taken. Employees cannot be paid less than the full minimum hourly wage set by New York State law. As of December 31, 2013, the New York State minimum wage is $8 per hour. It will increase to $8.75 per hour on December 31, 2014 and to $9 per hour on December 31, 2015. 

Complaints or Questions?
Domestic workers can file a sick leave complaint with DCA here.

For more information, read the full Paid Sick Leave FAQs. If you still have questions, call 311 and ask to be transferred to DCA for information for employees about Paid Sick Leave.

EMPLOYMENT AGENCIES

Employment agencies that refer job applicants to a position as a domestic or household employee must give each applicant DCA's Domestic or Household Employees: Statement of Employee Rights and Employer Responsibilities.  

Agencies must also use DCA's Job Description Form (Statement of Job Conditions) and give the completed form to each job applicant it refers to a position as a domestic or household employee. 

Questions? Businesses can contact DCA in the following ways:

Employers should be prepared to provide information about their business so that DCA can provide general guidance about whether the law applies to their business.