NYC Paid Sick Leave (ESTA) Update

Below is a brief summary of the NYC Paid Sick Leave. For more detailed information or to download the employee notice please click the appropriate PDF below.

* Summary of NYC Paid Sick Leave
* NYC Paid Sick Leave FAQs
* NYC Paid Sick Leave Employee Notice

Effective April 1, 2014, all employers in the NYC AREA have been affected by the Earned Sick Time Act (ESTA). Employers will be required to provide:

1. Sick leave to employees for their own care as well as care for family members
2. Paid leave for employers with 5 or more employees
3. Unpaid leave for employers with less than 5 employees

Attached is further guidance from NYC Department of Consumer Affairs. In addition, below are time sensitive items to note: Important Dates:

* February 26, 2014 – Signed by Mayor de Blasio
* April 1, 2014 – accrual begins; must distribute notice of rights to new hires
* July 30, 2014 – usage begins (Employees can begin to use accrued sick time 120 days after commencing employment or 120 days after the ESTA’s effective date, whichever is later)
* May 1, 2014 – must distribute notices to existing employees

Compliance Steps:

* Distribute written notice, including calendar year and rights information, to new hires after April 1, 2014 and to existing employees by May 1, 2014.
* Sick time accruals begin April 1, 2014.
* For employees already eligible for equal or greater PTO benefits:
o Can designate first 40 hours of paid time off as ESTA time
* For employees who are not currently eligible for paid time off benefits
o Adopt policy providing for at least minimum benefit

Written Notice Requirement:

* Attached for your convenience is the required written notice of rights to be distributed to new and current employees.
* Written notice of rights includes information regarding right to accrual and use of sick time, designated calendar year of employer, right to non-retaliation and right to file complaint with the DCA.
* Notice must be provided in English and primary language of the employee.