(iii) Workers retain all existing limits on paid and unpaid leave, regardless of an increase in the number of people employed in a calendar year. b) No employer may require a worker to pay a cost or expense related to obtaining a medical or other examination of eligibility for sick leave. New York State and New York City have recently published guidelines and documentation on the New York State Paid Sick Leave Law (State Sick Leave Law) and the New York City Earned Safe and Sick Time Act (NYC Sick Leave Law). The Sick Leave Act and the City Sick Leave Act came into force on September 30, 2020, with important provisions, including the possibility of using higher leave, from January 1, 2021. In particular, the amendments do not affect the NYC ESSTA exception for collective agreements, which states that the provisions of the Act do not apply to workers covered by an existing collective agreement if: the guidelines also recommend that “comparable benefits for workers” be explicitly identified and labelled as such in the agreement, in order to avoid confusion and misunderstanding.” Employers are encouraged to review the new guidelines and ensure that their absenteeism policy is up to date with the latest requirements. In addition, employers with employees in New York are reminded that the ESSTA has also recently been amended to make the law broadly consistent with state law. For existing staff, the sick period begins on April 1, 2014. For an employee hired after April 1, the sick period begins on the start date. Although the sick period is immediate, the accumulated time can only be used from July 30, 2014 or 120 calendar days after the employee`s engagement date, i.e. later. Employers who use a pre-feeding system should not revoke or reduce sick leave later if the worker works fewer hours than expected in the year.
c) No employer asks a worker to obtain confidential information, including the nature of an illness, prognosis, treatment or other related information, nor does an employer request information or information about leave provided for in Section 196-b,4 (a) (a) (iii) of the Labour Act (also known as insured leave). An employer must not require the certificate to specify the nature of the illness or details related to domestic violence, sexual offences, family offences, human trafficking or harassment, which require the use of safe leave. Where an employer, including those under a collective agreement, has a leave policy (sick leave or other leave) that meets or exceeds the delimitation, transfer and use requirements, this Act does not impose any other obligations on that employer. When and for what purpose can the period of illness be used? The New York Sick Leave Act “works independently of other government and federal leave requirements” and “must therefore be paid in addition to all other state or federal leave rights.” These include the New York State Leave Act COVID 19, as well as leave under the Federal Families First Coronavirus Response Act.