NYC Paid Sick Leave: Grace Period Ended Oct. 1

Date: October 07, 2014

Small  businesses in New York City should be aware that the six month grace period for complying with the new paid sick leave mandate ended October 1, 2014.

The law requires that employers with five or more employees to provide paid sick leave to employees who work more than 80 hours per calendar year. Employees accrue one hour of sick time for every thirty hours worked to a maximum of forty hours of leave per year. 

Employees may take sick leave for themselves and their eligible family members who: (1) need a medical diagnosis; (2) require care or treatment of a mental or physical illness; (3) have an injury or health condition; or (4) need preventative medical care.  A “family member” is defined to include an employee’s spouse or registered domestic partner; parent, parent-in-law or parent of a domestic partner; child or child of a domestic partner, including a biological, adopted or foster child, a stepchild, a legal ward, or a child of an employee standing in loco parentis; siblings, including half-siblings, step-siblings and siblings related through adoption; grandchildren and grandparents. 

The Wall Street Journal recently reported that the NYC Department of Consumer Affairs has received nearly 200 complaints related to alleged violations of the law in the past six months. Most of those were due to a company’s failure to provide proper notice of the law, which took effect on April 1, 2014.  

Under the law, the Department of Consumer Affairs can fine employers $500 for the first violation of the law with escalating fines for each subsequent violation. In addition to civil penalties, the Department also has the authority to issue damages to employees. 

More information, including Answers to Frequently Asked Questions, record keeping requirements and the Notice of Employees Rights, can be found on the NYC Department of Consumer Affairs’ website

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