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SICK LEAVE ACCRUAL AND USE – IMPORTANT DATES
Rate of Accrual Date Accrual Begins Date Sick Leave Available for Use
Employee 1 hour for every 30 hours worked April 1, 2014
(Existing employee)
July 30, 2014
(Existing employee)
First day of employment
(New employee)
120 days after rst day of employment
(New employee)
Domestic Worker 2 days after 1 year on the job DCA will provide guidance at
nyc.gov/PaidSickLeave
DCA will provide guidance at
nyc.gov/PaidSickLeave
Exception: If an employee is covered by a collective bargaining agreement that is in effect on April 1, 2014, the employee begins to
accrue sick leave under City law beginning on the date that the agreement ends.
RECORD KEEPING
You must keep and maintain records documenting compliance with the law for at least three years. You must keep any health related
information condential unless the employee permits you to disclose it or disclosure is required by law. You must make the records
available to DCA upon notice at an agreed upon time of day.
ADVANCE NOTICE
If the need is foreseeable, you can require up to seven days advance notice of an employee’s intention to use sick leave. If the need is
unforeseeable, you may require an employee to give notice as soon as practicable (reasonable).
DOCUMENTATION
You can require documentation from a licensed health care provider if an employee uses more than three consecutive workdays as
sick leave. The Paid Sick Leave Law prohibits you from requiring the health care provider to specify the medical reason for sick leave.
Disclosure may be required by other laws. You may require an employee to provide written verication that the employee used sick
leave for sick leave purposes.
UNUSED SICK LEAVE
An employee can carry over up to 40 hours of unused sick leave to the next calendar year. However, you are only required to let an
employee use up to 40 hours of sick leave per calendar year. You can choose—but are not required—to pay an employee for unused
sick leave at the end of the calendar year. Employees cannot carry over sick leave if you pay them for the unused sick leave AND you
provide the employee with an amount of paid sick leave that meets or exceeds the requirements of the law for the new calendar year
on the rst day of the new calendar year.
RETALIATION
You cannot retaliate against employees for requesting or using sick leave. Retaliation includes any threat, discipline, discharge,
demotion, suspension, or reduction in an employee’s hours, or any other adverse employment action against an employee who
exercises or attempts to exercise any right guaranteed under the law.
COMPLAINTS
If an employee les a complaint with DCA, DCA will contact you by mail for written response. You must respond to DCA within 30
days. DCA will work with you and the employee to resolve the complaint. We will also assist you to come into compliance.
NOTICE OF VIOLATION
If you receive a notice of violation, you will have the opportunity to settle the violation without a hearing or you can appear before an
impartial judge at a City Tribunal.
Note: All employers must comply with the law starting April 1, 2014. Up to October 1, 2014, the following employers will have the
opportunity to ensure compliance without a penalty, and a rst violation before October 1, 2014 will not be counted against these
employers:
• Employers with 1 to 19 employees
• Manufacturing businesses listed in sectors 31, 32, or 33 of the U.S. Department of Labor’s North American Industry
Classication System (NAICS). For the full list, go to http://www.bls.gov/oes/current/naics2_31-33.htm
QUESTIONS? WANT TO ATTEND A TRAINING TO UNDERSTAND THE LAW?
Contact DCA in the following ways:
• Online Live Chat, available at nyc.gov/BusinessToolbox
• Call 311 (212-NEW-YORK outside NYC) and ask for information about Paid Sick Leave