On the heels on New York State implementing its state-wide paid sick leave law, on September 28, 2020, Mayor DeBlasio signed into law an amendment to New York City’s paid sick and safe leave law. This amendment becomes effective today, September 30, 2020, and expands upon the City’s existing law to match the increased benefits provided to employees under the New York State law, which we discussed in a prior post.
In addition to matching the benefits required under State law, the amendment requires employers in New York City to provide notice each pay period, on employee pay statements or in a separate notice, of the amount of sick and safe leave accrued that pay period and the employee’s total balance of paid sick and safe leave.
The amendment also provides that the City may impose penalties “on a per employee basis.” Those penalties can range for $250 to $15,000, plus lost wages, depending on the nature of the violation.
Finally, under the amended law, if an employer requires an employee to provide documentation to substantiate the use of paid sick or safe leave, the employer must reimburse the employee for all reasonable costs and expenses incurred in obtaining that documentation.
Given that the law becomes effective today, New York City employers should immediately update their payroll statements, if necessary, to provide the required notice of accrued paid sick and safe leave. Also, given the potential significant liabilities for non-compliance, New York City employers should consult with qualified counsel to review their existing sick leave policies to ensure compliance with the amended law.
If you have questions about your business’s sick leave or other employment policies, please contact us at (201) 345-5412 / (646) 503-5358 or through our online scheduling system.