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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 Statement of Basis and Purpose

The City Council enacted the “Earned Sick Time Act,” found in Chapter 8 of Title 20 of the Administrative Code of the City of New York (as added by Local Law 46 for the year 2013, and amended by Local Laws 6 and 7 for the year 2014), so that employees can take time off work to address their health needs or the health needs of family members. The City Council determined that earned sick time would improve public health, foster employee retention and productivity and result in a more prosperous, safer and healthier city.

These rules clarify parts of the Earned Sick Time Act, establish requirements to carry it out and meet its goals pursuant to authority delegated to the Department of Consumer Affairs by the Act, and providing guidance to covered employers and protected employees. Specifically, these 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;
  • 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;
  • 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.

The authority for the Department of Consumer Affairs to issue these rules is found in section 2203 of the New York City Charter and Chapter 8 of Title 20 of the Administrative Code.

Effective Date: 
Fri, 03/04/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, January 11, 2016
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

The City Council enacted the “Earned Sick Time Act,” found in Chapter 8 of Title 20 of the Administrative Code of the City of New York (as added by Local Law 46 for the year 2013, and amended by Local Laws 6 and 7 for the year 2014), so that employees can take time off work to address their health needs or the health needs of family members. The City Council determined that earned sick time would improve public health, foster employee retention and productivity and result in a more prosperous, safer and healthier city.

These rules clarify parts of the Earned Sick Time Act, creating requirements to carry it out and meet its goals and provide guidance to covered employers and protected employees. Specifically, these 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;

• Clarify the calculation of rate of pay of paid sick time for employees paid on a piecework basis;

• Clarify that wage 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 keep or produce written sick time policies and records creates a reasonable inference that the department’s allegation against it is a fact;

• 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 a pattern of abuse of paid time;

• 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.

The authority for the Department of Consumer Affairs to issue these rules is found in section 2203 of the New York City Charter and Chapter 8 of Title 20 of the Administrative Code.

 

 

 

 

 

Subject: 

Amendment of Earned Sick Time Rules

Location: 
Department of Consumer Affairs hearing room
66 John street, 11th Floor
New York, NY 10038
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

The City Council enacted the “Earned Sick Time Act,” found in Chapter 8 of Title 20 of the Administrative Code of the City of New York (as added by Local Law 46 for the year 2013, and amended by Local Laws 6 and 7 for the year 2014), to ensure that employees can take time off work to address their health needs or the health needs of family members.  The City Council determined that providing sick time would have a positive effect on public health, foster employee retention and productivity and result in a more prosperous, safer and more healthy city.

These rules clarify provisions in the Earned Sick Time Act, establish requirements to implement the Act and meet its goals, and provide guidance to covered employers and protected employees. Specifically, these rules:

  • Provide a methodology for new employers to calculate the number of their employees;
  • Address situations where employees are employed by more than one employer, who, as “joint employers,” are jointly and individually liable for ensuring compliance with the Earned Sick Time Act;
  • Confirm that the Earned Sick Time Act applies to employees irrespective of immigration status;
  • Explain what may constitute a “reasonable” minimum amount of leave that an employer may require for the use of sick time;
  • Establish requirements for employer policies that require employees to provide “reasonable notice” before using sick time;
  • Clarify that an employer may require an employee to provide written documentation of the need for sick time from a licensed health care provider if the employee is absent for more than three consecutive “work days” and define “work day” in this context;
  • Address accrual of sick time for domestic workers;
  • Address the rate of pay of paid sick leave for certain employees;
  • Provide that employees must be paid for sick time no later than the payday for the next regular payroll period after the sick time was used by the employee, unless the employer has asked for written documentation or verification of the need for sick time, in which case the employer is not required to pay sick time until the employee provides it;
  • Address what happens to accrued sick time after an employer sells, transfers or otherwise assigns its business to another employer and the employee continues to work for that business;
  • Establish requirements relating to the distribution or posting of an employer’s sick leave policies;
  • Clarify the requirements in the Earned Sick Time Act relating to Department access to employer records and define “appropriate notice” of the need for such access by the Department;
  • Describe the circumstances in which the Department will issue a Notice of Violation to an employer;
  • Establish a cure period for certain violations of the Earned Sick Time Act relating to the failure to respond to a complaint or provide records; and
  • Describe the circumstances in which the Department may conduct an investigation of an employer’s employment practices on its own initiative. 

The authority for the Department of Consumer Affairs to promulgate these rules is found in section 2203 of the New York City Charter and Chapter 8 of Title 20 of the Administrative Code.

 

Effective Date: 
Wed, 07/30/2014

Proposed Rules: Closed to Comments (View Public Comments Received:12)

Agency:
Comment By: 
Tuesday, April 29, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

The City Council enacted the “Earned Sick Time Act,” found in Chapter 8 of Title 20 of the Administrative Code of the City of New York (as added by Local Law 46 for the year 2013, and amended by Local Laws 6 and 7 for the year 2014), to ensure that employees can take time off work to address their health needs or the health needs of family members.  The City Council determined that providing sick time would have a positive effect on public health, foster employee retention and productivity and result in a more prosperous, safer and more healthy city.

These proposed rules clarify provisions in the Earned Sick Time Act, establish requirements to implement the Act and meet its goals, and provide guidance to covered employers and protected employees. Specifically, these rules:

  • Provide a methodology for new employers to calculate the number of their employees;
  • Address situations where employees are employed by more than one employer, who, as “joint employers,” are jointly and individually liable for ensuring compliance with the Earned Sick Time Act;
  • Confirm that the Earned Sick Time Act applies to employees irrespective of immigration status;
  • Explain what may constitute a “reasonable” minimum amount of leave that an employer may require for the use of sick time;
  • Establish requirements for employer policies that require employees to provide “reasonable notice” before using sick time;
  • Clarify that an employer may require an employee to provide written documentation of the need for sick time from a licensed health care provider if the employee is absent for more than three consecutive “work days” and define “work day” in this context;
  • Address accrual of sick time for domestic workers;
  • Address the rate of pay of paid sick leave for certain employees;
  • Provide that employees must be paid for sick time no later than the payday for the next regular payroll period after the sick time was used by the employee, unless the employer has asked for written documentation or verification of the need for sick time, in which case the employer is not required to pay sick time until the employee provides it;
  • Address what happens to accrued sick time after an employer sells, transfers or otherwise assigns its business to another employer and the employee continues to work for that business;
  • Establish requirements relating to the distribution or posting of an employer’s sick leave policies;
  • Clarify the requirements in the Earned Sick Time Act relating to Department access to employer records and define “appropriate notice” of the need for such access by the Department;
  • Describe the circumstances in which the Department will issue a Notice of Violation to an employer;
  • Establish a cure period for certain violations of the Earned Sick Time Act relating to the failure to respond to a complaint or provide records; and
  • Describe the circumstances in which the Department may conduct an investigation of an employer’s employment practices on its own initiative. 

The authority for the Department of Consumer Affairs to promulgate these rules is found in section 2203 of the New York City Charter and Chapter 8 of Title 20 of the Administrative Code.

 

 

Subject: 

Public hearing on proposed rule to clarify provisions in the "Earned Sick Time Act"

Location: 
Department of Consumer Affairs Hearing Room
66 John St. 11th floor
New York, NY 10038
Contact: 

Not applicable

Download Copy of Proposed Rule (.pdf):