New York, NY: Required Paid Sick Leave Amended to Align with State Requirements


All Employers with NY, NY Employees


September 30, 2020


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(888) 378-2456

New York City recently updated its Earned Safe and Sick Time Act (ESSTA) to align with the New York State Sick Leave Law (NYSSLL), as well as incorporate additional changes. Key updates include:

  • Eligibility: ESSTA now applies to employer of four or fewer employees that had a net income of one million dollars or more during the previous tax year.
  • Pay: Employees must be paid their regular rate of pay at the time sick leave is taken, without allowing for any tip credit or tip allowance.
  • Amount of Sick Leave: Employers with 99 employees or less must provide 40 hours of sick leave per year; employers with 100 employees or more must provide 56 hours of sick leave per year.
  • Usage: Employees are permitted to use their full allocation of sick leave in the year, and carry over sick leave balances to the next year up to their allocation amount. Employees may use sick leave as it is accrued; there is no waiting period. Employees may use sick leave for domestic violence-related issues.
  • Expense Reimbursement: If an employer requires documentation from an employee to support their absence for more than three consecutive workdays, the employer must reimburse the employee for charges from the employee’s healthcare provider to provide the required documentation.
  • Protections: Employees are protected from retaliation for using sick leave.
  • Required Notice: Employee notice of rights must be posted in the workplace, given to employees upon hire, and given to existing employees within 30 days of the law’s change.
  • Wage Statements: Sick leave accrued, used, and total balance must be listed on the employee’s pay stub or other written document each pay period.

Additionally, domestic workers now receive the same benefits as other workers. There are also additional penalties and enforcement actions against employers who fail to comply.

Action Items

  1. Review the amended law here.
  2. Have sick leave policies updated.
  3. Implement notice requirements and update wage statements.
  4. Have supervisors trained on new requirements.
  5. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

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