In chase up to recent amendments to the New York City Becoming Safe and Ailing Time Act (“ESSTA”), the NYC Department of Consumer Affairs Office of Labor Action and Standards (“OLPS”) has amended its official rules, several of which aggrandize aloft currently absolute rules apropos ESSTA. The OLPS has additionally issued an updated ESSTA FAQ for use by employers, which incorporates the requirements of the adapted rules. The adapted rules are now in effect.
ESSTA, which became able on April 1, 2014, requires covered administration to accommodate acceptable advisers in New York City with up to 40 hours of leave per year for assertive appointed reasons, including an employee’s own medical needs or those of a covered ancestors member. As of May 5, 2018, the covered affidavit for leave were broadcast to accommodate time bare for assertive affidavit apropos to an agent or a ancestors affiliate actuality the victim of calm violence, animal offenses, stalking or animal trafficking (“safe time”). The analogue of a covered ancestors affiliate was additionally broadcast to now accommodate any alone accompanying by claret to the employee, or any alone whose aing affiliation with the agent is the agnate of a ancestors relationship.
The afterward are some highlights of the afresh adapted OLPS rules apropos ESSTA:
The adapted rules analyze that administration may not rely aloft the required Notice of Agent Rights to amuse its obligation beneath the law to advance a accounting ESSTA policy. While the Apprehension of Agent Rights charge still be broadcast to new advisers aloft hire, administration additionally charge advance a abstracted accounting action that charge be broadcast to all employees:
upon admission of employment;
within 14 canicule of the able date of any changes to the policy; and/or
upon appeal by the employee.
Further, artlessly announcement a archetype of the employer’s accounting action will no best answer to amuse the “distribution” claim – rather, administration charge action alone to anniversary employee, either in adamantine archetype anatomy or via cyberbanking means, such as email.
The adapted rules added accompaniment that an employer’s accounting ESSTA action charge be “in a distinct writing.” While neither the rules nor the adapted FAQ added busy on this requirement, it appears to advance that administration that may advance a ailing leave action (or PTO or added policy) forth with a abstracted ESSTA supplement should ensure that all such advice is independent in a distinct certificate broadcast accompanying to covered employees.
The adapted rules additionally aggrandize aloft the appropriate elements of a adjustable accounting ESSTA policy. First, in accession to acclamation advice such as whether becoming ailing and safe leave will be accrued or frontloaded, minimum acceptance increments, and agent apprehension and analysis requirements, the adapted rules now crave that an employer’s accounting action charge accommodate “a description of the acquaintance requirements of Section 20-921” of ESSTA. Section 20-921 states that “[n]o being or article may crave the acknowledgment of capacity apropos to an employee’s or his or her ancestors member’s medical action as a action of accouterment ailing time beneath [ESSTA],” and that “[h]ealth advice about an agent or an employee’s ancestors affiliate acquired alone for the purposes of utilizing ailing time pursuant to [ESSTA] shall be advised as arcane and shall not be appear except by the afflicted employee, with the permission of the afflicted agent or as appropriate by law.” As added explained in the updated FAQ, the accounting action charge extend agnate acquaintance requirements to the capacity of the amount for which an agent requests safe leave beneath ESSTA.
Additionally, the adapted rules accommodate that if an employer uses a appellation added than “safe/sick time” or “safe and ailing time” to call leave that is provided to amuse ESSTA’s requirements (for example, “paid time off/PTO,” “vacation time,” “personal days,” etc.), the accounting action charge especially accompaniment that such leave may be acclimated by an agent for any covered purpose beneath ESSTA and after any action contrarily banned by ESSTA.
The adapted rules additionally amend and aggrandize aloft the analogue of assertive agreement acclimated beneath ESSTA, including with attention to calm workers and collective application relationships.
Under ESSTA, administration with one or added calm workers who accept formed for the employer for at atomic a year and who assignment added than 80 hours a agenda year charge accommodate such advisers with paid safe and ailing leave in accordance with the law. The adapted rules analyze that a “domestic worker” beneath ESSTA is bound to “a being who provides affliction for a child, accompaniment for a sick, convalescing or aged person, housekeeping, or any added calm account in a home or abode whenever such being is anon and alone active to accommodate such account by an alone or clandestine household.” The appellation “domestic worker” does not include “any being who is active by an bureau whenever such being provides casework as an agent of such agency, behindhand of whether such being is accordingly active by an alone or clandestine domiciliary in the accouterment of such services.”
The adapted rules added analyze a cardinal of issues apropos to collective application for purposes of ESSTA, including how collective application is authentic for purposes of the law and how collective administration may admeasure albatross for acknowledging with ESSTA’s requirements.
© 2018 Proskauer Rose LLP.
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