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Act Now to Comply with New Sick Leave Require

By Fox Rothschild, LLP

While paid sick leave is novel for employers in most of New York State, New York City employers are familiar with paid sick leave requirements.

Nonetheless, New York City employers will need to revise their existing policies to reflect amendments to New York City’s Earned Safe and Sick Time Act (ESSTA) and the recently enacted New York State Sick Leave Law.

Below is a summary of the new requirements for New York City employers under New York City’s ESSTA and the New York State Sick Leave Law. Employers located in New York City will need to ensure compliance with both laws when revising their policies in consultation with counsel.

When consulting with counsel to revise their policies, New York City employers should remove any waiting period and consider changes to the accrual, use and carryover requirements of the amended ESSTA and New York State Sick Leave Law. Furthermore, employers should revise their policies regarding requests for medical documentation and reimbursement for such documentation, issue notice of changes to the law and their policies, and monitor the DCA for the positing of a revised Notice of Employee Rights. Finally, employers should contact payroll providers about including both accrual and use of safe and sick leave on employee pay stubs by November 30, 2020.

For more information about this alert, please contact Carolyn D. Richmond at crichmond@foxrothschild.com or 212.878.7983, Glenn S. Grindlinger at ggrindlinger@foxrothschild.com or 212.905.2305, or Bryn Goodman at bgoodman@foxrothschild.com or 212.878.7975, or any member of the firm’s New York Labor & Employment Group.

 

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