Insights

On May 7, 2018, the New York City Department of Consumer Affairs (DCA) issued a revised Notice of Employee Rights (the Notice) under the Earned Safe and Sick Time Act (ESSTA). All covered employers are now required to provide any new hires with the new Notice of Employee Rights on the first day of an employee’s employment, and all current employees should be provided the revised notice on or before June 4, 2018.

The revised notice incorporates the recent changes to the ESSTA that also became effective this month (on May 5, 2018). Under the ESSTA, employers must allow employees to use sick and safe time if they or a family member have been the victim of any act or threat of domestic violence, unwanted sexual contact, stalking or human trafficking. The law also expands the definition of “family member” to allow an employee to use safe and sick leave time for (i) any individual related by blood to the employee and (ii) individuals whose close association with the employee is the equivalent of a family relationship.

Under ESSTA, employees can take time off to restore their physical, psychological and economic health or that of a family member. For example, individuals can take time off to:

• Obtain services from a domestic violence shelter, rape crisis center or other services program
• Participate in safety planning, relocate, enroll a child in a new school or take other actions to protect their safety or that of their family members
• Meet with an attorney or social service provider to obtain information and advice related to custody, visitation, matrimonial issues, orders of protection, immigration, housing, and discrimination in employment, housing or consumer credit
• File a domestic incident report with law enforcement or meet with a district attorney’s office

New York City employers should download the revised Notice of Employee Rights template and be prepared to provide the Notice in the employee’s primary language (if not English). It also would be beneficial to review their handbook policies relating to sick time to make sure that “safe time” reasons are provided as well and that the broader definition of “family member” is incorporated into the document.

Updated Model Notice »
Earned Safe and Sick Time Act »