Information for Employers on Paid Safe and Sick Leave

Information for Employers on Paid Safe and Sick Leave

Overview of NYC’s Paid Safe and Sick Leave Law

Under NYC’s Paid Safe and Sick Leave Law, covered employees have the right to use safe and sick leave for the care and treatment of themselves or a family member and to seek legal and social services assistance or take other safety measures if the employee or a family member may be the victim of any act or threat of domestic violence or unwanted sexual contact, stalking, or human trafficking. Employer responsibilities include:

  • Employers with 100 or more employees must provide up to 56 hours of paid leave each calendar year.
  • Employers with 5 to 99 employees must provide up to 40 hours of paid leave each calendar year.
  • Employers with four or fewer employees and a net income of $1 million or more must provide up to 40 hours of paid leave each calendar year.
  • Employers with four or fewer employees and a net income of less than $1 million must provide up to 40 hours of unpaid leave each calendar year.
  • Employers with 1 or more domestic workers must provide up to 40 hours of paid leave each calendar year; employers with 100 or more domestic workers must provide up to 56 hours of paid leave each calendar year.
  • Employers must allow employees to use safe and sick leave as it is accrued, with no waiting period for new hires.
  • Employees can use safe and sick leave for unexpected reasons without giving advance notice.
  • Employers must provide employees with a written safe and sick leave policy that describes the benefit and how to use it.
  • Employers can require documentation only when employees use more than three workdays in a row of safe and sick leave, if the documentation requirement is explained in the employer’s written policy.
  • Employers must inform employees of their accrued, used, and total leave balances on a paystub or through an employee-accessible electronic system.

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Important Updates Due to COVID-19

UPDATED! COVID-19 and Paid Sick Leave. Workers who have COVID-19 or were in contact with someone with COVID-19 can get sick leave (time off) regardless of immigration status. State and local laws let workers take time off to care for themselves or a family member.

SPECIAL LEAVE FOR THE COVID-19 VACCINE. Workers get additional leave under CITY law to get their kids vaccinated. Workers get 4 additional hours of sick leave for EACH child; and EACH vaccine injection.

Employers cannot mistreat or punish workers for using or asking for sick leave. Download a summary of the paid sick leave laws in English | Español (Spanish) | shqip (Albanian) | العربية (Arabic)বাংলা (Bengali) | 简体中文 (Chinese - Simplified) | 繁體中文 (Chinese - Traditional) | Français (French) | Kreyòl Ayisyen (Haitian Creole) | हिन्दी (Hindi) | 한국어 (Korean) | Język Polski (Polish) | Русский (Russian) ردو (Urdu)


Important Information for Employers

Employers, including a nonprofit or small business, must provide safe and sick leave for their employees.

Employers must distribute the Notice of Employee Rights (10/2020) to their employees.

Read What Employers Need to Know. (11/2020)

Read Rules for Safe and Sick Leave Policies. (10/2021)

Read FAQs on NYC's Paid Safe and Sick Leave Law. (11/2020)

Read Answers to Employer Questions. (07/2016)

Employers of Domestic Workers: Learn how NYC's Paid Safe and Sick Leave Law affects you.



Employer Tools

Safe and Sick Leave Timekeeping Tool
DCA has developed an Excel tool to help you keep track of employees' hours worked and safe and sick leave used and automatically calculate leave accruals and balances. The tool allows for Daily, Weekly, or Biweekly tracking. Instructions are included in the tool. The tool is only for use by employers with fewer than 100 employees in New York State. The tool is intended as an additional resource for employers. Employers can use the timekeeping method or service of their choice.

Model Form - Employee Verification Regarding Authorized Use of Earned Safe and Sick Leave
Under New York City's Earned Safe and Sick Time Act (Paid Safe and Sick Leave Law), employers are permitted to ask employees to verify that an instance of safe or sick leave of any length was used for an authorized purpose under the law. Download the model form.

Model Form - Employee Notification of Intention to Use Earned Safe or Sick Leave
Employers can require employees to sign a form if they want to use earned safe or sick leave for a foreseeable need. Download the model form.

Model Form - Employee Request to Make up Missed Work as Alternative to Using Earned Safe and Sick Leave
Making up missed hours or swapping shifts cannot be required and is only allowed if both the employer and employee consent. Employers can require employees to sign a form if they want to work additional hours instead of using their safe and sick leave. Download the model form.



Paid Safe and Sick Leave and Weather

Employers are not required to provide paid safe and sick leave to employees who are late or absent as a result of the weather and employers are not required to provide leave if the employer is closed due to the weather. Read the Paid Safe and Sick Leave FAQs (11/2020) for more information.



Law and Rules

New York City Administrative Code > Title 20: Consumer and Worker Protection > Chapter 8: Earned Safe and Sick Time Act

Rules of the City of New York > Title 6: Department of Consumer and Worker Protection > Chapter 7: Office of Labor Policy and Standards > Subchapter B: Earned Safe and Sick Time

Retaliation and Interference are Against the Law
You are prohibited from interfering with investigations or retaliating against employees who exercise their rights under the Paid Safe and Sick Leave Law. DCWP takes allegations of retaliation very seriously. If we determine that you retaliated against an employee, you may be responsible not only for lost wages and benefits to the employee and fines to DCWP, but also may be required to take certain actions, including the rehire of an employee who has been unlawfully terminated.



Questions?

Have questions about NYC's Paid Safe and Sick Leave Law? Contact DCWP in one of the following ways: