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New Employee sick and family leave

Safe and Sick Leave | Department of Consumer and Worker Protection (DCWP)

1. How it Works

NYC employees have legal rights to paid and unpaid leave, including expanded rights under City and State laws. You can take unpaid and paid leave, depending on your circumstances and the type of employer you work for, to care for yourself or family members impacted by COVID-19.

NYC Paid Safe and Sick Leave:

  • You can use NYC safe and sick leave for a broad range of health or safety purposes and can use it for yourself, a family member, or someone with whom you have a similarly close relationship
  • You accrue 1 hour of sick leave for every 30 hours worked
  • There is no waiting period; you can use safe and sick leave as soon as you accrue it and you can decide when to use it
  • Your employer must reimburse you if you had to pay for required documentation after three consecutive workdays of leave
  • Your paystub (or any document issued each pay period) must list the amounts of accrued and used leave and the total balance of accrued leave
  • Immigration status is not a consideration

 

Number of employees employed by employer Amount of sick leave per calendar year
1 to 4 employees where the employer’s annual income is less than $1 million Up to 40 hours of unpaid leave
1 to 4 employees where the employer’s annual income is $1 million or more Up to 40 hours of paid leave
1 or more domestic workers employed by household employer Up to 40 hours of paid leave
5 or more employees Up to 40 hours of paid leave
100 or more employees Up to 56 hours of paid leave

NY State Emergency COVID-19 and Paid Sick and Family Leave:

  • Provides up to 14 days of additional leave on top of sick leave required by NYC law or that your employer otherwise provides
  • Emergency state sick leave only covers leave when you or your child is ordered to quarantine or isolate
  • The amount of paid versus unpaid sick leave depends on your employer’s size and business income. Learn more from NY State Dept of Labor.
  • Your employer is required to provide this leave if you qualify and you do not need to apply
  • Immigration status is not a consideration

2. Determine your eligibility

NYC Paid Safe and Sick Leave covers most employees at any size business or nonprofit in NYC:

  • Full and part-time employees, transitional jobs program employees, and employees who live outside of NYC.

You are not covered if you:

  • Are a student in a federal work study program
  • Are compensated by qualified scholarship programs
  • Are employed by a government agency
  • Are a physical therapist, occupational therapist, speech language pathologist, or audiologist licensed by the New York State Department of Education and meet a minimum pay threshold
  • Are an independent contractor who does not meet the definition of an employee under New York State Labor Law (go to labor.ny.gov and search “Independent Contractors”)
  • Participate in a Work Experience Program (WEP)
  • An employee subject to a collective bargaining agreement that waives the law and has a comparable benefit.

NY State Emergency COVID-19 and Paid Sick and Family Leave covers people under mandatory quarantine or isolation orders or whose minor dependent is.

Next section:

3. How to Apply

3. How to apply

Here are your options.

Apply online

NYC Safe and Sick Leave is a right your employer must provide.

  • If your employer is not providing you with leave and you believe you’re eligible, file a complaint with NYC Department of Consumer and Worker Protection.

Apply for NY State Emergency COVID-19 and Paid Sick and Family Leave:

If your employer temporarily closes or goes out of business, or you lose your job or have a reduction in hours, due to COVID-19, you may be eligible for Unemployment Insurance (UI).

If your employer is not providing you with NYC Safe and Sick Leave and you believe you’re eligible, file a complaint with the City:

If your employer is not providing you with NY State Emergency COVID-19 and Paid Sick and Family Leave: and you believe you’re eligible, contact the NYS Department of Labor at paidfamilyleave.ny.gov/covid19.

File a complaint

Apply by phone

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More ways to get help with this program

Visit the websites

Visit nyc.gov/workers to learn more about NYC Paid Safe and Sick Leave.

Visit paidfamilyleave.ny.gov/COVID19 to learn more about NY State Paid Sick Leave and NY State Emergency COVID-19 Paid Sick and Family Leave.

Email the Department of Consumer and Worker Protection (DCWP) Division

Email OLPS@dca.nyc.gov

Call 311

Ask for “Paid Safe and Sick Leave”.

Last Updated Monday, January 11th, 3:51pm

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