[co-author: Talia Weseley]
Background
In 2020, New York City amended its paid sick leave law, named the Earned Safe and Sick Time Act (“ESSTA”), to better align with New York State’s Paid Sick Leave law. Following these amendments, the Department of Consumer and Worker Protection (DCWP) published updated notices and FAQ documents, but stopped short of publishing formal updates to the corresponding ESSTA Rules – until now. The new rules – here – are set to become effective on October 15, 2023. They provide clarity on various ESSTA topics such as calculating employer size, employee eligibility, documentation standards, notice requirements, and accrual methods. We highlight some of the most salient points for NYC employers below.
Employer Size, Employee Eligibility, and Coverage Thresholds
The ESSTA Rules delineate how employers should calculate their total workforce to determine what obligations apply, particularly in light of the uptick in remote work over the past several years. As a reminder, under the ESSTA, employers with 99 or fewer employees must provide up to 40 hours of annual safe and sick time, while employers with 100 or more employees must provide up to 56 hours.
The ESSTA Rules clarify that employee headcounts must include all full and part-time employees nationwide – not just employees based in New York City. This interpretation aligns with the New York State Paid Sick Leave requirements. Further, any employees on leaves of absence or suspension must be...
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