NYC Posts Reminder on Earned Sick and Safe Time Act Changes Effective Sept. 30

Situation Report | November 2, 2020

New York City’s Office of Consumer Affairs has posted a notice that serves as a reminder for employers about amendments to the Earned Sick and Safe Time Act (ESSTA) which became effective on September 30. ESSTA was changed to be consistent with the New York Paid Sick Leave Law while also adding other requirements for employers.

Effective September 30, 2020, employers must:

  • Provide domestic workers with 40 hours of paid safe and sick leave.
  • Allow employees to use safe and sick leave as it is accrued.
  • Reimburse employees who must pay for required documentation after three consecutive workdays of leave.
  • List on employees’ paystubs (or any document issued each pay period) the amounts of accrued and used leave and the total balance of accrued leave.

Importantly, for this requirement only, employers that could not operationalize the documentation requirement by September 30, 2020 but are working in good faith on implementation will have up to November 30, 2020 to ensure compliance without a penalty.

The revised ESSTA also requires employers to distribute to all new employees, at their time of hire, an updated Notice of Employee Rights: Safe and Sick Leave.

Employers must provide this updated notice to all current employees no later than 30 days following the effective date of the legislation — that is, by October 30, 2020.