NYC Mandatory Paid Sick Leave Law Enacted Over Bloomberg Veto

By Scott J. Wenner

As we – and just about everyone else – predicted, the New York City Council has overridden the veto of Mayor Michael Bloomberg decisively, making the Earned Sick Time Act law. (Schnader Veto Alert; SW Veto Article)

Mandatory paid sick leave under the law will not begin to phase in until April 1, 2014, and at that time will apply to New York City employers with 20 or more employees. Because of waiting time requirements, paid sick leave will not have to be provided to employees of covered employers until around August 1, 2014. On October 1, 2015, 18 months later, employers of 15 or more employees in New York City must be covered. Employees will be entitled to accrue paid sick leave at the rate of one hour for every 30 hours worked, up to 40 hours per year, and they will have the right to carry over up to 40 hours of unused paid sick leave from year to year.

Importantly, it is not only employers with 20 or more employees who will be covered by the law on October 1 of next year. To the contrary, every employer will be required to grant employees time off for sick leave, and employees of employers below the paid sick leave threshold also will accrue unpaid sick leave rights at the rate of one hour for every 30 hours worked. Likewise, every employer will be affected by the notice and recordkeeping requirements of the new law.

For more details on the obligations this new law will place on New York City employers, please see the Schnader NYC Paid Sick Leave Alert.