New York City Mayor Bill de Blasio signed into law New York City Council Int. No. 2032-A on September 28, 2020, after the city council passed the bill a few days earlier. The legislation, which took effect on September 30, 2020, amends the New York City Earned Safe and Sick Time Act (ESSTA) and generally aligns the ESSTA with the New York State Sick Leave Law (New York Labor Law § 196-b) (NYSSLL), the accrual provisions of which also took effect on September 30, 2020.
However, some of the newly enacted amendments place additional burdens on New York City employers that are not present in the NYSSLL and were also not previously present in the ESSTA. New York City employers may want consider moving quickly to come into compliance with the law’s requirements. Specifically, and as detailed below, employers must ensure they are complying with certain notice requirements by October 30, 2020, and they must ensure that they are providing employees with a summary of accrued and used time by November 30, 2020.
New York State has not yet issued any guidance or implementing regulations to clarify the many questions left unanswered by the NYSSLL. Nevertheless, employers in New York City may want to review and prepare to comply with the new obligations created by the amendments to the ESSTA.
Certain changes to the ESSTA and how they compare with the NYSSLL are outlined below:
Employers in New York, and specifically New York City, may wish to review the above requirements to ensure that their practices comply with the use, carryover, and accrual obligations articulated in the laws. Employers may also want to examine their current policies and make any necessary revisions. Employers in New York City may also want to consider contacting their payroll providers to guarantee that safe and sick leave accrual and use balances are included on pay statements or other documents each pay period by November 30, 2020.