New York City Sick Leave Rules Amended - Sick Leave Toolkit Updated
Our sick leave toolkit, which includes Frequently Asked Questions (FAQs) and model sick leave policies for jurisdictions with sick leave laws, has been updated to reflect recent amendments to the rules governing New York City paid sick time.
Specifically the rules:
- Provide additional guidance on calculating the number of employees in a business;
- Address situations where employees are employed by a joint employer;
- Define “temporary help firm” and define when temporary help firms are legally responsible for violations;
- Allow an employer to set the minimum number of hours and time frame for the use of sick time (the model policy has been updated);
- Clarify the calculation of rate of pay of paid sick time for employees paid on a piecework basis;
- Clarify that supplements need not be included in the rate of pay of paid sick time;
- Require a business that takes ownership of another business to provide written sick time policies to employees at the time of sale, transfer, acquisition or assignment;
- Address written sick time policies and what an employer must include in them;
- Clarify what records employers must keep;
- Make clear that an employer’s failure to maintain, retain or produce a record otherwise required to be maintained under these rules that is relevant to a material fact alleged by the department in a notice of hearing issued pursuant to the Earned Sick Time Act or these rules creates a reasonable inference that such fact is true.
- Clarify that an employer’s failure to respond to a complaint or provide information requested by the Department regarding a complaint will be subject to a $500 penalty;
- Establish relief to an employee if an employer’s policy or practice is not to allow an employee to accrue and/or use sick time;
- Address the calculation of accruals and hours worked for certain employees;
- Clarify that an employer may take disciplinary action against an employee who engages in an abuse of paid time (the model policy has been updated);
- Define the term “adverse employment action” as used in the definition of retaliation against an employee; and
- Clarify the department’s burden of proof for retaliation cases.
See more at: http://rules.cityofnewyork.us/content/amendment-earned-sick-time-rules-0
FAQ numbers 4, 5, 6, 8, 9, 11, 12, 13, and 16 have been updated as has the model policy as indicated above.
The toolkit is available on FormSource in the Leave and Return to Work section.
As always, please contact your HR Business Partner if you have any questions.