DCWP - Information for Employers on Paid Safe and Sick Leave

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Information for Employers on Paid Safe and Sick Leave


Information for Employers on Paid Safe and Sick Leave

New York State Paid Prenatal Leave Law Takes Effect January 1, 2025

All privately-employed pregnant New Yorkers will be able to receive an additional 20 hours of paid sick leave for prenatal care in addition to their existing paid safe and sick leave (i.e., up to 40 or 56 hours a year).

If you have questions, ask DCWP a question online or read NYS FAQs.

Please continue to monitor this page as DCWP will provide additional information for employers and employees.

Overview of NYC’s Paid Safe and Sick Leave Law

Under NYC’s Paid Safe and Sick Leave Law, covered employees have the right to use safe and sick leave for the care and treatment of themselves or a family member and to seek legal and social services assistance or take other safety measures if the employee or a family member may be the victim of any act or threat of domestic violence or unwanted sexual contact, stalking, or human trafficking. Employer responsibilities include:

Employers with 100 or more employees must provide up to 56 hours of paid leave each calendar year.

Employers with 5 to 99 employees must provide up to 40 hours of paid leave each calendar year.

Employers with four or fewer employees and a net income of $1 million or more must provide up to 40 hours of paid leave each calendar year.

Employers with four or fewer employees and a net income of less than $1 million must provide up to 40 hours of unpaid leave each calendar year.

Employers with 1 or more domestic workers must provide up to 40 hours of paid leave each calendar year; employers with 100 or more domestic workers must provide up to 56 hours of paid leave each calendar year.

Employers must allow employees to use safe and sick leave as it is accrued, with no waiting period for new hires.

Employees can use safe and sick leave for unexpected reasons without giving advance notice.

Employers must provide employees with a written safe and sick leave policy that describes the benefit and how to use it.

Employers can require documentation only when employees use more than three workdays in a row of safe and sick leave, if the documentation requirement is explained in the employer’s written policy.

Employers must inform employees of their accrued, used, and total leave balances on a paystub or through an employee-accessible electronic system.

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Important Information for Employers

Employer Tools

Law and Rules

Questions

Important Information for Employers

Employers, including a nonprofit or small business, must provide safe and sick leave for their employees.

Employers must distribute the Notice of Employee Rights (10/2020) to their employees.

Read What Employers Need to Know. (11/2020)

Read FAQs on NYC's Paid Safe and Sick Leave Law. (09/2024)

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Employer Tools

Model Form - Employee Verification Regarding Authorized Use of Earned Safe and Sick Leave
Under New York City's Earned Safe and Sick Time Act (Paid Safe and Sick Leave Law), employers are permitted to ask employees to verify that an instance of safe or sick leave of any length was used for an authorized purpose under the law. Download the model form.

Model Form - Employee Notification of Intention to Use Earned Safe or Sick Leave
Employers can require employees to sign a form if they want to use earned safe or sick leave for a foreseeable need. Download the model form.

Model Form - Employee Request to Make up Missed Work as Alternative to Using Earned Safe and Sick Leave
Making up missed hours or swapping shifts cannot be required and is only allowed if both the employer and employee consent. Employers can require employees to sign a form if they want to work additional hours instead of using their safe and sick leave. Download the model form.

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Law and Rules

New York City Administrative Code > Title 20: Consumer and Worker Protection > Chapter 8: Earned Safe and Sick Time Act

Rules of the City of New York > Title 6: Department of Consumer and Worker Protection > Chapter 7: Office of Labor Policy and Standards > Subchapter B: Earned Safe and Sick Time

Retaliation and Interference are Against the Law
You are prohibited from interfering with investigations or retaliating against employees who exercise their rights under the Paid Safe and Sick Leave Law. DCWP takes allegations of retaliation very seriously. If we determine that you retaliated against an employee, you may be responsible not only for lost wages and benefits to the employee and fines to DCWP, but also may be required to take certain actions, including the rehire of an employee who has been unlawfully terminated.

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Questions?

Have questions about NYC's Paid Safe and Sick Leave Law? Contact DCWP in one of the following ways:

Ask a question online

Call 311 (212-NEW-YORK outside NYC)

Twitter @helloDCWP using #paidsickleave or #safeleave

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