New York City recently enacted new legislation that requires most businesses to provide paid sick leave to their employees.  Under this new rule covered employees have the right to use sick leave for the care and treatment of themselves and/or a family member.  New York State, however, has not adopted these rules.  Employers outside New York City are not required to provide paid sick leave, but if they do, they must follow specific guidelines regarding sick leave policies.

New York State Requirements

   New York City Requirements

     A Notice of Employee Rights must be provided to each employee by May 1, 2014.  The Notice must contain language on the employee's right to sick leave, including accrual and use of sick leave, the right to file a complaint, and the right to be free from retaliation.  The Notice must state how the employer's calendar year is defined and include the start and end date.  Employees have a right to the notice in English and, if available on the Department of Consumer Affairs website, in their primary language. The notice is available in Spanish, Chinese, French-Creole, Italian, Korean, and Russian at nyc.gov/PaidSickLeave. 

     Employers may require documentation from a licensed health care provider if an employee uses more than three (3) consecutive workdays as sick leave.  However, the law prohibits an employer from requiring the health care provider to specify the exact medical reason for sick leave.  

     For more information on sick leave policies or any other employment policies or handbooks, please contact Stevan LaBonte at 516-280-8580.       

     Too often we fail to consider the importance of estate planing.  No matter your net worth it is important to establish a plan for the distribution of your assets.  One such manner is to establish a Trust.  A Trust is a legal arrangement between the person establishing the Trust, usually referred to as the Grantor, and the person or entity who manages the assets of the Trust pursuant to the terms of the Trust (the "Trustee").  The Grantor generally funds the Trust with his or her own assets.  Assets funded into a Trust can be liquid, such as cash or equities, or can consist of real property, or both.

     A special type of Irrevocable Trust is a Special Needs Trust also referred to as a Supplemental Needs Trust.  It can be established during the lifetime of the Grantor or at his/her death, through a Will and is specifically designed for an individual who is disabled and receiving government benefits, such as Medicaid.  The assets in the trust are not considered to be available to anyone, including Medicaid, other than the beneficiary of the Trust (the disabled person).  The Trust assets and income can be used for the benefit of the beneficiary without interfering with his/her eligibility for government benefits.

     This is a brief overview of Trusts. Whether a Trust would be beneficial is unique to each client based upon their estate planning goals, their finances, and the composition of and relationship with their family members.  The establishment of a trust is complicated and everyone should seek legal advice to determine if it is appropriate for their situation.   

     For more information about establishing a Trust or other estate planning tools contact Penny B. Kassel, Esq., an attorney with almost 30 years' experience in the area of elder law at 516-294-8300 or visit her website at www.kassellawfirm.com or e-mail her at info@kassellawfirm.com.