6. NYC’s Paid Sick Leave Law

NYC’s Paid Sick Leave Law

New York City’s Paid Sick Leave Law (Earned Sick Time Act) started on April 1, 2014. Under the new law, employers with five or more employees are required to provide up to 40 hours of sick leave to their employees. Covered employees have the right to use sick leave for the care and treatment of themselves or a family member. The rate of pay is regular hourly rate but no less than $8 per hour (minimum wage).

Covered employees are those who work more than 80 hours a calendar year in New York City and:

  • Full-time employees
  • Part-time employees,
  • Transitional jobs program employees
  • Undocumented employees
  • Employees who are family member but not owners
  • Employees who live outside of New York City

If you are an existing employee (employed before April 1, 2014), you can use your sick leave on or after July 30, 3014. If you are a new employee (employed on or after April 1, 2014), you can use sick leave 120 days after your first day of employment.

Acceptable Reasons to Use Sick Leave

  • You have a mental or physical illness, injury, or health condition; you need to get a medical diagnoses, care, or treatment of your mental or physical illness, injury, health condition;  you need to get preventive medical care.
  • You must care for a family member who needs medical diagnoses, care, or treatment of a mental or physical illness, injury, or health condition; or who needs preventive medical care.
  • Your employer’s business closers due to a public health emergency, or you need to care for a child whose school or child care provider closes due to a public health emergency.

*Your employer cannot retaliate against you for requesting or using sick leave. Retaliation includes any threat, discipline, discharge, demotion, suspension, or reduction in your hours, or any other adverse employment action against you for exercising or attempting to exercise any right guaranteed under the law.

Please visit NYC DCA: NYC’s Paid Sick Leave Law or call 311 for more information.