Client Alert 

January 29, 2025


Updated Guidance for the New York City Earned Safe and Sick Time Act

New York City has updated its guidance for the New York City Earned Safe and Sick Time Act. The updated guidance addresses the amended rules governing safe/sick leave and the January 2024 law creating a private right of action for violations of the law. 

 

Compensation for Safe/Sick Leave & Written Documentation: The updated guidance states that when an employer has requested documentation supporting the use of safe/sick leave in accordance with the law, an employer does not have to pay for safe/sick leave until the employee has provided documentation supporting the use of safe/sick leave. However, they may only delay payment until the receipt of the requested documentation if the employer’s written safe/sick leave policy includes the following:

 

  • The requirement that employees provide documentation of use of safe/sick leave for more than three consecutive workdays;
  • The timing and manner for employees to provide documentation; 
  • The consequences for employees not providing the documentation; and
  • Instructions on how employees can submit requests for reimbursement and proof of fees or costs to obtain documentation.
  • Note that the employer cannot refuse to compensate for an employee’s use of safe/sick leave when an employee cannot obtain the required documentation because of costs.

 

Safe/Sick Leave for Employees Whose Work Location Is Outside New York City: Employees who “regularly perform, or are expected to regularly perform, work in New York City during a Calendar Year” are covered by the safe/sick leave law. Only the hours worked in New York City count for purposes of accruing leave. Employers must allow employees to use their safe/sick leave when they are scheduled to work in New York City.

 

Written Policies: Employers must have their safe and sick leave policies in a single writing; they cannot be split up across multiple documents or locations. However, employers may supplement a national policy with an NYC-specific policy, provided that the national and local policies are not confusing or contradictory.

 

Use of Safe/Sick Leave for Funerals: A funeral may be a reason for using safe/sick leave, if, for example, an employee requires the use of safe/sick leave due to their related anxiety or depression or to care for a family member’s mental or physical condition.


Use Of Safe/Sick Leave for Weather-Related Events: Though employees cannot use sick leave due to weather conditions impacting their ability to commute to work, the guidance states that employees can use sick leave when a weather-related condition impacts the health of the employee or their family members. Examples of such circumstances include when an employee becomes ill due to extreme heat or poor air quality.


The guidance also makes clear that employees can file lawsuits in court for violations of the New York City Earned Safe and Sick Time Act and that they do not need to first file an administrative complaint.

 

With these changes, employers should review their existing safe/sick leave policies and consult your EGS attorney to determine whether any revisions are necessary.


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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.

This memorandum is published solely for the informational interest of friends and clients of Ellenoff Grossman & Schole LLP and should in no way be relied upon or construed as legal advice.