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NYC Amends Earned Safe and Sick Time Act

Effective May 5, 2018, eligible employees under New York City’s now renamed Earned Safe and Sick Time Act (New York City Administrative Code Title 20, Chapter 8)are able to use their accrued paid time off in connection with family offense matters, sexual offenses, stalking, or human trafficking. Eligible employees are now entitled to defined “safe days” not included in the definition of “sick days.” The circumstances covered by this amendment include the following “safe time” absences, enumerated in §20-914(b)(1):

  • “(a) to obtain services from a domestic violence shelter, rape crisis center, or other shelter or services program for relief from a family offense matter, sexual offense, stalking, or human trafficking”;
  • “(b) to participate in safety planning, temporarily relocate, or take other actions to increase the safety of the employee or employee’s family members from future family offense matters, sexual offenses, stalking, or human trafficking”;
  • “(c) to meet with a civil attorney or other social service provider to obtain information and advice on, and prepare for or participate in, any criminal or civil proceeding, including, but not limited to, matters related to a family offense matter, sexual offense, stalking, human trafficking, custody, visitation, matrimonial issues, orders of protection, immigration, housing, discrimination in employment, housing, or consumer credit”;
  • “(d) to file a complaint or domestic incident report with law enforcement”;
  • “(e) to meet with a district attorney’s office”;
  • “(f) to enroll children in a new school”; or
  • “(g) to take other actions necessary to maintain, improve, or restore the physical, psychological, or economic health or safety of the employee or employee’s family member or to protect those who associate or work with the employee.”

With this amendment, employers are required to update their existing written policy and provide employees with an updated notice of employee rights.