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Notice of Employee Rights to Paid Sick Leave

Under New York City’s Earned Sick Time Act (“Sick Leave Law”), employees of [COMPANY] are entitled to paid sick leave under the following terms and conditions.

Accrual of Paid Sick Leave
Employees accrue sick leave at the rate of one hour for every 30 hours worked, up to a maximum of 40 hours of paid sick leave per calendar year. [COMPANY]’s calendar year begins on [January 1] and ends on [December 31].
Employees who were employed prior to April 1, 2014 began to accrue paid sick leave on April 1, 2014. Employees who began their employment with [COMPANY] after April 1, 2014 begin to accrue paid sick leave on their first day of employment.

Use of Paid Sick Leave
Employees who were employed prior to April 1, 2014 may begin to use paid sick leave on July 30, 2014. Employees who began their employment with [COMPANY] after April 1, 2014 may not begin using paid sick leave until after they have completed 90 days of employment. No more than 40 hours of paid sick leave may be used in a calendar year. Paid sick leave must be used in increments of at least four hours. Once accrued, employees may use paid sick leave if:

  • The employee has a mental or physical illness, injury, or health condition; the employee needs to get a medical diagnosis, care, or treatment for the employee’s mental or physical illness, injury, or condition; or, if the employee needs to get preventive medical care.
  • The employee must care for a family member who needs medical diagnosis, care, or treatment for a mental or physical illness, injury, or health condition, or who needs preventive medical care.
  • [COMPANY] closes due to a public health emergency or the employee needs to care for a child whose school or child care provider closes due to a public health emergency.

For purposes of the Sick Leave Law, the following are considered “family members”: child, grandchild, spouse, domestic partner, parent, grandparent and child or parent of an employee’s spouse or domestic partner and sibling (including a half, adopted, or step sibling).

If the need for the use of paid sick leave is foreseeable, an employee must provide his or her supervisor with seven days advance notice of the intention to use paid sick leave. If the need is unforeseeable, an employee must provide his or her supervisor with notice as soon as practicable (reasonable).

In order to use paid sick leave, an employee must provide written verification that the leave was used for the one of the purposes listed above. If an employee uses paid sick leave for more than three full consecutive work days, the employee must provide [COMPANY] with documentation from a licensed health care provider indicating the need for the amount of paid sick leave used. (Please note that [COMPANY] may request additional documentation in certain circumstances in which other laws are at issue, such as the Americans with Disabilities Act and the Family and Medical Leave Act).

Unused Paid Sick Leave
Unused paid sick leave is carried over to the following calendar year and is not paid out at termination.

Department of Consumer Affairs (“DCA”)
Employees who believe their Sick Leave Law rights have been violated may file a complaint with the DCA.

No Retaliation
[COMPANY] will not retaliate against employees for requesting or using paid sick leave, filing a complaint with the DCA in good faith, communicating with anyone about a violation of the Sick Leave Law, participating in an administrative or judicial action regarding an alleged violation of the Sick Leave Law or informing anyone about their rights under the Sick Leave Law.

Union Employees
Employees who are covered by a collective bargaining agreement (“CBA”) in effect on April 1, 2014 are not entitled to paid sick leave under the Sick Leave Law until the CBA expires and only if a subsequent CBA does not (1) waive employees’ rights under the Sick Leave Law and (2) provide for comparable benefits.

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