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What Are My Rights Under the New York City Earned Safe and Sick Time Act?

On Behalf of | Apr 28, 2020 | Civil Litigation |

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The Earned Safe and Sick Time Act was enacted in New York City in 2018, and it is designed to extend the benefits of paid time off to help protect vulnerable workers. Now, you can use these paid safe and sick days to take the time you need if you or a family member are the victims of sexual assault, stalking, human trafficking, and more. If you are not sure if you are eligible to take time off work or your employer is denying you your rights, meet with a civil litigation attorney to develop a plan moving forward.

There is a great deal of fine print in this law, and it is worth summarizing so that you know exactly how this law can protect you.

Do You Have Paid Safe and Sick Time?

The Act created a law that gas become known as the Paid Safe and Sick Time Law, and it applies to employees who work for employers with five or more employees. Those who are covered by a collective bargaining agreement may be exempt from the law’s provisions. If you work for a company with fewer than five employees, you are entitled to unpaid safe and sick time instead of paid time off.

According to this law, you earn one hour of paid sick time for every 30 hours worked. This builds to a maximum of 40 hours per year. You begin accruing these hours from the moment you start working, so you do not have to work at your job for a certain amount of time before you start earning the time. However, you can only begin to use this time after 120 days of employment.

What Are Some Reasons I Can Give for Using Paid Safe and Sick Time?

As you would expect, the reasons for taking sick leave are the same as usual. If you are afflicted by mental or physical illness, you can use your sick time to get immediate care. You can also use your earned hours to get preventive medical care or to assist a family member with any of their health-related needs.

You can take safe leave if you or a family member is the victim of domestic violence, human trafficking, unwanted sexual contact, or stalking. This time is designed to give you the opportunity to not just seek the immediate help that you need but also to take actions that ensure your safety in the future. You could use your safe time to relocate, enroll your children in a new school, meet with an attorney, file a police report, and more.

Who Counts as a Family Member?

This law expands the definition of what a family member is, allowing you to take time off to help anyone very close to you, not just a relative. This is defined in New York City’s Notice of Employee Rights as “an individual whose close association with the employee is the equivalent of family.”

Contact a Civil Litigation Attorney in New York City

If you are the victim of any of the crimes that would push you to take safe leave or your employer is denying your rights, get the legal assistance you need. The Manhattan civil litigation attorneys at JOEY JACKSON LAW, PLLC will help you preserve your rights and move towards a safer future. Contact us today at 833-JOEY-JAC or 833-563-9522.