Provided by: Judge Ruth B. Kraft
In 2013, I blogged about the passage of a NYC ordinance requiring employers having 20 or more workers to provide 5 dates of paid sick leave. Businesses with 5 or more employees were required to provide 5 unpaid sick days. Today, Mayor DiBlasio will announce that,with the concurrence of the new Speaker of the City Council, the ordinance will be amended, effective immediately to require small businesses having 5 or more employees to provide 5 PAID sick days.
If you have already made commitments for pay increases or other new employee benefits and this new financial burden is putting you "over the top", check your employee handbook. If it does not contain a provision permitting the employer to change benefits in its sole discretion,from time to time, ouch! If your employees have been militating for pay increases or additional benefits,you may want to factor what this update to the ordinance will cost you in 2014.
The trend toward paid sick leave is in steamroller mode right now nationwide. I expect additional municipalities and states to mandate paid leave of up to 5 days per year to enable parents to attend their children's school meetings and programs. This is definitely on NYC's agenda and I anticipate such a measure to be adopted sometime this year.
Truthfully, once workers become aware that they have entitlement to these leaves (and, sigh, even if you just bought a new employee rights poster for 2014, you will need to post notice of this new wrinkle!) they will use every single minute to which they are entitled.
This makes it imperative for all clients which do not already provide paid sick time to NYC employees to review their benefits package, handbook language, and human resources procedures.
Have a question or comment?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or at (516) 747-6700 x. 302.