New York City Council Introduces Proposal Mandating New York City Employers Provide Paid Sick Days

August 28, 2009

New York City soon may be joining San Francisco, California, and Washington, D.C. in requiring all private-sector employers to provide employees a minimum number of paid sick days. The Earned Paid Sick Leave Bill, introduced August 20, 2009, has 35 co-sponsors in the 51-member New York City Council.  (One seat is currently vacant.)  At a mayoral candidates’ forum in July, Mayor Michael Bloomberg also expressed support for requiring employers to provide paid sick days.  Up to 1 million workers in the City could be affected should this proposal be adopted.

The Bill would allow employees to accrue one hour for each 30 hours worked or up to 9 paid sick days per year.  Employees of small businesses (those with 10 or fewer employees) would earn up to five days annually.  Under the proposed legislation, accrual of hours begins at the commencement of employment, but sick days cannot be used until an employee has worked for 90 days. 

Covered employees could use their paid sick time in various ways, including:

• For their own mental or physical illness or diagnosis or preventive medical care;
• To take care of a spouse, child, parent, grandparent or domestic partner; or
• To deal with issues related to domestic violence. 

Prompted by the H1N1 (swine) flu outbreak, the Bill also allows employees to use time off during the closing of a school attended by their children or the employees’ place of business due to a public health emergency.

The Bill imposes procedural obligations on both employers and employees.  Employers are required to provide notice of employees’ entitlement to paid sick time, the amount of paid sick time, and the terms regarding use of sick time.  Employers also are required to notify employees that they will not be retaliated against for requesting paid sick time and that they have a right to file a complaint or bring a civil action if sick time is denied or they are retaliated against for requesting sick time. 

Employees may be required to provide reasonable notice of the need to use paid sick time.  Where the need is foreseeable, employees may be required to provide up to seven days’ advance notice.  Where the need is not foreseeable, employees may be required to provide notice as soon as practicable.  Employees also may be required to provide documentation for leave of more than three days. 

Civil penalties of not less than $1,000 may be imposed against employers who are found to be in violation of the Bill. 

A broad-ranging coalition, which includes small business owners, public health experts, public interest groups, and such unions as the Service Employees International Union Local 32BJ and the United Food and Commercial Workers Union Local 1500, has aligned in support of the Bill.  “New York City will benefit significantly when lawmakers put a strong sick days law in place,” said National Partnership for Women & Families president Debra L. Ness.  “This law would help workers, families, employers and the public health, and help build momentum for the overdue minimum standard of paid sick days our country needs,” Ms. Ness adds.  “When people have to go to work sick, it isn’t healthy for anyone,” said Lois Uttley, chair of the policy and legislative committee of the Public Health Association of New York City.  “When one million workers don’t have paid sick days, it’s a public health crisis waiting to happen,” Ms. Uttley said.

Proponents of the Bill hope for a hearing in late-September or early-October.  Jackson Lewis will keep you apprised of the status of this proposed legislation.