Coming on the heels of New York state’s newly-enacted Paid Sick Leave Law (“PSLL”), on September 29, 2020, New York City significantly amended its Earned Safe and Sick Time Act (“ESSTA”). Among the amendments are provisions that align with the PSLL the amount of sick leave that must be provided under the ESSTA, most notably increasing to 56 hours the amount of paid sick leave that employers with 100 or more employees must allow their employees to accrue each year. The ESSTA amendments further require that, effective September 30, 2020, (i) sick leave must be made immediately available for use to new employees, thus eliminating the prior 120-day waiting period and 80-hours-of-work threshold; and (ii) employees’ pay stubs (or a corresponding, per-pay-period document) must reflect the amount of an employee’s accrued/used sick leave and the employee’s total balance of accrued sick leave. Additionally, by October 30, 2020, employers must notify their employees about the ESSTA’s amendments, and employers must post in their workplace the ESSTA’s new Notice of Employee Rights. Employers must promptly ensure that their sick leave policies, procedures, and other documentation comply with these substantial updates.
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