Do Part-Time Employees Get Sick Days in NYC?

As the workforce landscape continues to evolve, the rights and benefits of part-time employees have become an essential topic of discussion. One crucial aspect is sick leave. This is a benefit that ensures employees can take time off when they are unwell without sacrificing income.

Do part-time employees in New York City get sick days and what laws support or limit your rights?

Sick Leave Laws in New York City

New York City is at the forefront of progressive labor laws. This extends to sick leave provisions. The city recognizes the importance of providing employees, including part-time workers, with the ability to take time off when they are sick or need to care for a family member.

The Paid Safe and Sick Leave mandates that employers in New York City must provide paid safe and sick leave to eligible employees. Importantly, this law covers both full-time and part-time employees. It ensures that workers can accrue and use sick leave based on the number of hours worked.

The new version of this law replaced the previous version – the Earned Safe and Sick Time Act. Under the most recent update of the law, if you work part-time or full-time at any size business or nonprofit in NYC or if you work in an NYC household as a domestic worker, you have the right to use safe and sick leave for:

Health, including the care and treatment of themselves or a family member
Safety, including seeking assistance or taking other safety measures if the employee or a family member may be the victim of any act or threat of domestic violence, unwanted sexual contact, stalking, or human trafficking

Accrual and Usage of Sick Leave

Under the Paid Safe and Sick Leave, employees accrue sick leave at a rate of one hour for every 30 hours worked.

This applies to both full-time and part-time employees, ensuring that everyone has the opportunity to accrue paid sick leave regardless of their employment status. The accrued time can be used for the employee’s own illness or to care for a family member.

However, it’s important to note that the accrual rate may be subject to certain caps, and employers have the discretion to set reasonable minimum increments for the use of sick leave. Employers may also frontload the entire annual sick leave allocation at the beginning of the year, simplifying the accrual process.

Protection Against Retaliation

The law establishes the right to sick leave and includes provisions to protect employees from retaliation by their employers. It is illegal for employers to take adverse actions, such as firing or penalizing employees, for exercising their rights under this law. Part-time employees, like their full-time counterparts, are entitled to a workplace environment that respects and upholds their rights to sick leave.

In New York City, part-time employees have the right to sick leave under the law. This progressive legislation ensures that workers, regardless of their employment status, can take time off when they are unwell without sacrificing their income. As the landscape of labor laws continues to evolve, both employers and employees need to stay informed about their rights and responsibilities to create a fair and respectful workplace environment.

If you have questions about this law or you’d like to speak to someone about an issue regarding your sick pay benefits in New York, contact Borrelli & Associates, P.L.L.C.