New York Employment & Labor Law Representation Under ESSTA
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In this regard, this blog is titled “Sick, Family, and Medical Leave under ESSTA” and is Part V of our new series, “Key Employment Law Issues for Businesses & Companies in New York City.” In Part IV, we dwelt on whistleblowing and whistleblower protections as provided for under the New York Labor Law. Regarding this employment issue, we mentioned that pursuant to N.Y. Lab. Law § 740, employers are prohibited from retaliating against any employee who threatens to disclose or discloses to a public body or supervisor a practice or policy of an employer, which constitutes healthcare fraud or that poses a specific or substantial danger to public safety or health or even violates the law. We also added that, importantly, employees who refuse to take part and/or engage in illegal practice or policy that poses a specific or substantial danger to public safety or health or who provide information or testify
To move this discussion forward, we will look into what the New York City Earned Safe and Sick Time Act (ESSTA) says about sick, family, and medical leave for employees in New York and how employers can remain compliant with the ESSTA statute.
Are Employers Required to Provide Sick Leave by ESSTA?
Employers are required by ESSTA to provide their employees with sick leave, whether it is an injury or health condition. This requirement by ESSTA is for health of the consumer and worker protection. Pursuant to N.Y.C. Admin. Code § 20-913, the size of the employer determines whether employees should be provided with paid sick leave. Generally, employers who have at least 5 employees must provide paid sick leave. However, employers with fewer employees, less than 5 employees are not required to provide paid sick leave by the same ESSTA statute.
In Part VI of this series and our blog titled “Sick, Family, & Medical Leave under the NY Paid Family Leave Law,” we will shift gears to hammer on what the New York Paid Family Leave Benefits Law says about sick, family, and medical leave for employees and how employers can remain compliant with the statute.
As usual, stay tuned for more legal guidance, training, and education.
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Always rising above the bar,
Isaac T.,
Legal Writer, Author & Publisher.