New York City and New York State have new protections for employees that are either in effect now, or will take effect soon. An expansion of the New York City Earned Safe and Sick Time Act will take effect February 22. And a New York State ban on traditional employee reimbursement agreements took effect in December. Both of these are summarized below.

NEW YORK CITY

Effective February 22: Expansion of NYC Earned Safe and Sick Time Act

New York City’s Earned Safe and Sick Time Act generally requires covered employers to provide employees with time off for reasons related to the employee’s illness, or to care for a family member who needs medical diagnosis or treatment. It also applies to time off related to domestic violence, stalking, or similar issues. The leave is paid or unpaid, depending on the size and net income of the employer.

Currently, private sector employers in the City are covered by the ESSTA as follows:

• Employers with 100 or more employees must provide up to 56 hours of paid ESSTA leave per year.
• Employers with 5 to 99 employees must provide up to 40 hours of paid ESSTA leave per year.
• Employers with fewer than 5 employees and a net income of $1 million or more in the prior tax year must provide up to 40 hours of unpaid ESSTA leave per year.

The requirement to provide 40 hours of paid ESSTA leave per year also applies to employers who have

• One or more domestic worker, OR
• Fewer than 5 employees and a net income of $1 million or more in the prior tax year.
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