The NYC Department of Consumer and Worker Protection has released an updated Notice of Employee Rights and FAQ guidance regarding the recent amendments to the New York City Earned Safe and Sick Time Act (“ESSTA”).
As we previously reported, the amendments implemented several key changes to ESSTA, including: (1) requiring employers of all sizes to provide employees with an additional 32 hours of unpaid sick and safe time beyond leave already required to be provided to them under ESSTA; and (2) expanding the covered reasons for leave under ESSTA to include things like responding to workplace violence or public disasters and providing care for a minor child or care recipient.
The updated Notice of Employee Rights reflects these changes alongside existing requirements under the law. Employers must provide the Notice of Employee Rights to employees in their primary language(s) both when they begin employment and when their rights change. As such, these amendments trigger a re-distribution requirement for employers. Employers must also post the notice in the workplace in an area that is visible and accessible to employees in English and in any other languages employees in that workplace speak.
The updated FAQ guidance addresses certain nuances around the amendments, including:
- The term “protected time off” is now being used to refer to time off under ESSTA for any protected reason, regardless of whether the leave is paid or unpaid. Employers’ written ESSTA policies must...
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