NEW YORK
Mondaq
November 9, 2017
By Stephanie L. Aranyos
Ogletree, Deakins, Nash, Smoak & Stewart
On November 6, 2017, Mayor de Blasio signed New York City Council legislation Int. 1313-2016 (also referred to as Int. 1313-A or the Earned Safe and Sick Time Act) into law, expanding the New York City Earned Sick Time Act. The new law will allow employees to take “safe” time related to family offense matters, sexual abuse, stalking, and human trafficking. The new law is set to take effect on or about Monday, May 7, 2018.
The New York City Earned Sick Time Act, which took effect on April 1, 2014, requires that New York City employers with 5 or more employees provide up to 40 hours of paid sick time to eligible employees in a calendar year. Employers with fewer than five employees must provide the equivalent of unpaid leave. While the safe time expansion does not expand the number of hours an employer is required to provide to employees, it significantly expands the permissible uses for safe/sick time.
Under the new law, employees will be permitted to take safe time if they are victims of a family offense matter, sexual offense, stalking, or human trafficking, or if a family member has been a victim of such crimes, in the following circumstances:
a. to obtain services from a domestic violence shelter, rape crisis center, or other shelter or services program for relief from a family offense matter, sexual offense, stalking, or human trafficking;
b. to participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members from future family offense matters, sexual offenses, stalking, or human trafficking;
c. to meet with a civil attorney or other social service provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding, including but not limited to, matters related to a family offense matter, sexual offense, stalking, human trafficking, custody, visitation, matrimonial issues, orders of protection, immigration, housing, discrimination in employment, housing or consumer credit;
d. to file a complaint or domestic incident report with law enforcement;
e. to meet with a district attorney’s office;
f. to enroll children in a new school; or
g. to take other actions necessary to maintain, improve, or restore the physical, psychological, or economic health or safety of the employee or the employee’s family member or to protect those who associate or work with the employee.”
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