NEW YORK CITY AMENDS SAFE AND SICK TIME REGULATIONS
New York City adopted changes to its sick and safe time regulations, effective October 15, 2023.
The changes clarify coverage issues for telecommuters and hybrid employees, employer headcount and coverage thresholds, and advance notice and documentation requirements.
Additionally, the changes clarify employers' responsibility to report accrual, usage, and balance information to employees on a paystub or employee-accessible electronic system.
Clarification on Who Is Covered by the Law
In light of increased remote working arrangements, the regulations now explicitly state that an employee who performs work, including work by telecommuting, only while physically located outside of the City of New York, is not "employed for hire within the City of New York." This is the case even if the employer is located in New York City. Accordingly, such employees are not covered by the ESSTA.
The amended regulations do provide two examples of work within New York City that would not implicate coverage under the ESSTA – (1) An employee working remotely from another state who reports to daylong meetings at the Manhattan headquarters approximately twice a year; and (2) A one-day project for a New York City customer is performed by an employee based outside of New York City who is not expected to return to New York City in that calendar year.
Employer Size and Coverage Thresholds
Under the ESSTA, private employers with 100 or more employees are required to provide up to 56 hours of paid safe and sick time annually, while employers with fewer employees need only provide up to 40 hours of safe and sick time on an annual basis (but whether the 40 hours are paid or unpaid depends on headcount and gross revenue).
Update on Employees Providing Notice When Taking Leave and Documentation Requirements
Current regulations permit an employer to require reasonable advance notice of an employee's need to use safe and sick time.
Conclusion
Employers should carefully consider whether their existing policies and safe and sick time practices comport with the recently revised regulations. Employers can contact employment counsel for more detailed guidance on how to comply with safe and sick time obligations in New York City, elsewhere in New York State, and beyond.
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
For more information on this and other topics, please contact Kevin via any of the channels listed below:
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