As we previously reported, last summer the New York City Council passed the Earned Sick Time Act (the “Act”), requiring businesses with at least 20 employees to provide employees with five paid sick days (i.e. 40 hours) per year starting in April 2014. The Act also requires employers with 15 or more employees to provide paid sick days starting in October 2015.
Under the new de Blasio Administration, the Act has now been amended (the “Amendment”) to reduce its threshold to employers with five or more employees. Employers with less than five employees are still required to provide unpaid sick time. The Amendment removes the prior phase-in of the paid sick time requirements, and the Act will now go into effect for all employers on April 1, 2014. The Amendment also expands the definition of “Family member” under the Act to include siblings, grandchildren, and grandparents.
Because of the scope and specific requirements of the Act, all employers in New York City, even those with existing paid sick leave policies, should consult with counsel to ensure compliance with the Act.