GNYADA March 2014 Newsletter

11 NYC Expands Sick Leave Act Requirements

the time for an employee to file a complaint from 270 days to two years. Further, employers must give a notice of rights under the law to all current employees by May 1, 2014. Official notices are available at www.GNYA- DA.com/dealers . Click on “Paid Sick Leave Notice to Employees.” This only applies to New York City businesses. Failure to comply with the notice requirement can result in a fine of $50 per employee. Failure to comply with the requirement to provide paid sick leave carries very steep penalties and back pay.

only permitted leave to care for the employee, and his or her parents, spouse, and children. The amendment adds grandparents, grandchildren, and siblings (including half siblings, step siblings, and adopted siblings). The phase in period provided under the existing law has been eliminated; covered employers with will need to provide paid leave as of April 1, 2014. The phase-in provision for employees covered by a valid collec- tive bargaining agreement in effect on April 1, 2014 remains in the law. The Act also increases the record retention requirements for employers from two to three years and increases

Mayor de Blasio has signed into law the amended “Earned Sick Time Act” (Act) that passed only last year. The amendments, effective April 1, 2014, expand the Act significantly. Virtually all New York City business- es will have to provide mandatory paid or unpaid sick leave to employ- ees working in the City. Businesses that have five or more employees will have to provide up to five days of paid sick leave annually. That time can be used for the employee’s own illness or to take care of a sick family member. The definition of “family” is now broader. The existing law would have

NYC PAID AND UNPAID SICK LEAVE LAW

EXISTING LAW

NEW LAW (AS AMENDED)

Covered businesses with 15 or more employees.

Covers businesses with five or more employees.

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Covered businesses with up to 20 employees would have until October 2015 to comply.

All covered employers must comply

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by April 1, 2014.

Family defined as parents, spouses, and

Family as stated in the existing law plus grandparents, grandchildren, and siblings (including half-siblings, step-siblings, and adopted siblings) are now included as covered “family.” Mayor can designate another agency to enforce the law, and that agency has additional powers to issue subpoenas, impose fines, and make rules and regulations.

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children.

Department of Consumer Affairs is the

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enforcement agency.

Posting a notice was optional; notice to employees provided only on commencement

Notice of rights must be provided to employees;

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it may also be posted.

of employment.

Retain records for two years.

Retain records for three years

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Time to file complaint limited to 270 days.

Employees now have two years to file a complaint.

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Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • March 2014

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