Streams

Paid Sick Leave: Day One

Wednesday, July 30, 2014

You're sick at home. But under NYC's new paid sick leave law, you may not lose out on your pay. (zumani/flickr)

New York's Paid Sick Leave law goes into effect today. Julie Menin, Commissioner of the New York City Department of Consumer Affairs, has been helping businesses prepare for the effort. She answers last-minute questions and discusses what impact the law will have on NYC's workers.

Guests:

Julie Menin

Comments [12]

To address some of the concerns posted here, please see below:

- The NYC Paid Sick Leave Law also covers temporary employees who work more than 80 hours a calendar year in New York City.

- Employees accrue one hour of sick leave for every 30 hours worked.

- Employers must pay employees at least the full minimum wage, which is $8 an hour as of December 31, 2013. This is true of restaurant/bar workers who receive tips and are paid the tipped minimum wage when they work.

- DCA provides guidance on recordkeeping in the Rules and new FAQs that will be posted to the Paid Sick Leave website soon. We will also be launching a Paid Sick Leave Timekeeping Tool.

- Any paid sick leave taken before today, July 30, 2014, would not be required under the Paid Sick Leave Law and no aspect of the law (including the prohibition on employers requiring disclosure of an employee’s health condition) would apply to it. Depending on an individual’s situation, there may be other laws that would apply, but DCA does not have jurisdiction to enforce those laws.

- For more information, you can visit our website at www.nyc.gov/paidsickleave

Jul. 30 2014 05:18 PM
RJ from prospect hts

To the small business owner from NJ: One of the issues small businesses have raised in response to paid sick/family leave proposals is their fears of increased bureaucracy and paperwork. Aside from Ms. Menin's real concern about not having advance notice of some situations, the 3 days without documentation alleviates that problem for employers. If every day needed for a sickness or family occurrence had to be documented, I'm sure we'd be hearing complaints.

Jul. 30 2014 11:12 AM
Matt from Brooklyn

Ditto, Clif! I was laid off last year after 10+ years in the corporate world. Now I'm freelancing too and I don't benefit from these steps. I feel like we're so far behind - the economy has drastically changed. Independent workers need to take control. Where is this registering?

Jul. 30 2014 11:11 AM
Bruno from Brooklyn

It sounds like an employee who only works as a sub and has no regular schedule would have to earn some amount of sick leave after they have worked 80 hours in a year.

Most vacation accrual systems accrue leave time based on regularly scheduled hours - not on hours worked. Subs don't earn benefits at most businesses. Do employers now have to institute an accrual system that accrues leave based on number of hours worked instead of based on an assigned schedule?

Jul. 30 2014 11:10 AM
Peg

But to get a doctor's documentation, one needs to have the time and shell out the $$ to see a doctor. On day one of sickness few low wage workers can afford to do this - so they will choose to come in to work sick (and probably infectious.

Jul. 30 2014 11:09 AM
Lauren from Williamsburg

Hi! How does sick leave work in a restaurant / bar situation. $5 per hour is not the same as the tips you could make if you did go to work while sick.

Jul. 30 2014 11:07 AM

The site your guest mentioned: www.nyc.gov/sickleave does not exist
The nyc.gov site says it does not exist.

Jul. 30 2014 11:07 AM
JJ from Brooklyn, NY

I'm glad DeBlasio and others are taking steps to protect employees and give them things like paid sick leave. Your guest did address paid contractors briefly, but SO MANY employers take advantage of people by qualifying them as independent contractors or freelancers, and then treating them like employees (requiring that they show up at a specific time, in a specific place, on the employer's schedule). This effectively skirts any employee protections — not just sick leave, but also family leave and harassment protections.

Jul. 30 2014 10:59 AM
Caitlin

I've heard complaints about the cost of the record-keeping involved with PSL, does the guest have any comments on how businesses need to keep track of all this?

Jul. 30 2014 10:59 AM
Clif

As a freelancer and a father this simply stinks! Why are freelancers/independent contracts always left out of these things? If anything, we need this more than regular employees.

Jul. 30 2014 10:58 AM
joan cohen from bergenfield nj

my daughter works as a "temp". is she covered by the new sickleave law?

Jul. 30 2014 10:57 AM
M from BK

I know that under the new PSL an employer cannot ask you the nature of why you are using PSL. Are they even allowed to ask you why you took PSL before today? An employer has been demanding why my coworkers and I are using our PSL all year. Thank you.

Jul. 30 2014 10:38 AM

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