In New York City, paid sick time is not just a benefit—it’s the law. The fight for this legislation spanned years, but in 2013, the City Council passed the original Earned Sick Time Act, providing a framework for employees to receive paid time off for illness. Since then, the law has evolved, and today, the NYC Earned Safe and Sick Time Act (ESSTA) expands those protections further, making compliance even more critical for employers in the city.
The Road to Paid Sick Time
In 2013, worker advocacy groups succeeded in pushing for the passage of the Earned Sick Time Act, despite resistance from business advocates who raised concerns about the financial impact and potential penalties. This law marked a significant victory for employees, ensuring that all NYC workers would have access to paid sick days. However, this legislative win didn’t come without compromise.
Jason Klimpl, Esq., who represented NYC staffing agencies during the law’s negotiation process, explained at a TemPositions HR Roundtable event how both sides worked to find middle ground. While labor advocates pushed for nine paid sick days annually, businesses managed to lower the requirement to five, citing concerns about financial strain. Additionally, provisions like advance notice for scheduled doctor’s appointments and the exclusion of scheduled days off were concessions made to help employers manage the new rules.
The law initially went into effect in two waves, starting in April 2014. It applied first to larger employers, and later expanded to smaller businesses. However, this was only the beginning of a legislative journey that continues today with the implementation of ESSTA.
What ESSTA Means for Employers in 2024
Now, with the Earned Safe and Sick Time Act (ESSTA) in full effect, NYC employers must comply with updated requirements. ESSTA ensures that workers can take paid time off not only for illness but also to address safety concerns, such as domestic violence or human trafficking.
Here’s what employers need to know about ESSTA in 2024:
Eligible Employees: All workers (full-time, part-time, temporary) who work more than 80 hours in a calendar year in NYC are entitled to paid sick and safe leave. This includes absences due to personal or family illness, as well as safety-related matters.
Accrual: Employees accrue one hour of leave for every 30 hours worked, up to a maximum of 56 hours annually. While employees can roll over unused leave into the next year, the law does not require payout for unused leave at termination.
Expanded Coverage: ESSTA provides additional protections, including paid time off for employees dealing with issues of domestic violence, sexual offenses, or trafficking. The law emphasizes the confidentiality of any information shared by employees when requesting time off for these reasons.
Record-Keeping: Employers must maintain detailed records of leave accrual, usage, and notifications for at least three years. Failure to do so could result in penalties from the Department of Consumer and Worker Protection (DCWP).
Notice and Documentation: Employers are required to notify employees of their rights under ESSTA both in English and their primary language. In certain cases, employers can ask for documentation after three consecutive days of absence, but they cannot require detailed medical information.
Navigating the Complex Web of Compliance
As the law continues to evolve, compliance becomes increasingly complex. Employers need to ensure that their HR teams are well-versed in the intersection of various medical leave laws, including the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA). Offering “reasonable accommodation” remains a critical expectation for employers, and treating health and safety concerns with compassion can help foster trust and avoid legal disputes.
It’s also essential to tread carefully when dealing with special employment classifications, such as independent contractors, interns, and temporary workers. Misclassification of workers can lead to significant penalties, and businesses need to make sure they are offering the correct benefits to the right employees.
Conclusion
With the ESSTA firmly in place, businesses should now consider updating their existing Paid Time Off (PTO) policies to incorporate these new requirements. Creating a broad PTO policy that covers sick, safe, and personal days can simplify compliance while still meeting the needs of the workforce.
As always, good record-keeping and open communication are key to maintaining compliance with ESSTA and other related regulations. Employers must ensure they are providing all required notices, tracking leave accrual accurately, and treating employees’ health and safety concerns with the seriousness they deserve.