Yes, both New York City (and State) employees are entitled to leave under applicable law. New York City’s Paid Safe and Sick Leave law provides many of the same benefits as New York State law, and each law provides some additional coverage for Covid-19 vaccinations. Akin to New York State, there is no law requiring vacation leave or other paid time offfor New York City employees.
What is the New York City Paid Safe and Sick Law?
The New York City Paid Safe and Sick Law (and applicable New York State law) mandates up toforty (40) to fifty-six (56) total hours of annual leave for a variety of reasons, including both those related to illness and those connected with assuring the safety of you or a family member. Some examples of situations in which you can use either NYC or NYS Safe and Sick Leave are:
- You have a mental or physical illness, injury, or health condition; you need to get a medical diagnosis, care, or treatment of your mental or physical illness, injury, or condition; you need to get preventive medical care.
- You must care for a family member who needs a medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; or who needs preventive care;
- Your employer closes due to a public health emergency, or you need to care for a child whose school or childcare provider has been closed due to a public health emergency; and
- You or a covered family member were the victim of domestic violence, family offense matters, sexual offenses, stalking, or human trafficking and require leave for connected reasons.
Will I Get Paid When I Use Safe and Sick Leave?
All workers in New York State and City are entitled to some Safe and Sick Leave, but the details will vary based on the size of the employer. Generally, employers with between 5 to 99 employees must provide up to forty (40) hours of paid Safe and Sick Leave. Employers with 100 or more employees, must provide up to fifty-six (56) hours of paid Safe and Sick Leave. Employerswith a net income of less than $1 million and with four (4) or less employees must provide unpaid Safe and Sick Leave. In addition, employers with one (1) or more domestic workers must provide up to forty (40) hours of paid Safe and Sick Leave.
When Am I Eligible to Use Safe and Sick Leave?
Both New York State and City law require employees accrue one (1) hour of Safe and Sick Leave for every thirty (30) hours worked, and this time is immediately available for use. Plus, both full- and part-time employees are eligible to use Safe and Sick Leave so long as employees work enough hours to accrue Safe and Sick Leave. Some employers, though not required to do so, may award all (or a prorated portion of) Safe and Sick Leave at the beginning of the calendar year. Regardless, employers cannot limit employee use of accrued Safe and Sick Leave based on a “probationary” or other “trial period.”
Does New York City Offer Additional Coverage for Covid-19 Vaccination?
Yes, under New York State law (through December 31, 2022), employees get up to four (4) hours of paid leave for their own Covid-19 vaccine injection (for a total of eight (8) hours). Plus, under New York City Law, in addition to accrued leave, employees covered by the New York City Safe and Sick Leave Law can get additional paid leave[1] to get their children vaccinated. Specifically, employees get four (4) additional hours of Safe and Sick Leave for each child and each injection/
This is very brief overview ofNew York State and City Safe and Sick Leave. If you would like to discuss your situation with us, please feel free to call or email us at any time. You will be on the phone with an attorney within 24 hours.