Can Sick Time Be Used to Take Family Members to the Doctor

1. What does the Earned Sick Time Act exercise?

New York Metropolis'south paid safe and ill go out law allows workers to take upwardly to 40 hours of sick fourth dimension in a year, either for themselves or to care for family members or to deal with needs arising from domestic violence. Workers cannot be fired or punished for taking this time.If your workplace has five or more workers, your employer must pay you for the time off.

2. Does the new law apply to me?

The law covers about employees working in New York Urban center. If you lot work within the five boroughs (Manhattan, Brooklyn, Queens, Bronx or Staten Island) for more than 80 hours in a year, yous are covered, whether you are a full-time, part-time, temporary, or undocumented worker.

However, the constabulary does not cover:

Federal, state, and municipal workers
Students in federal work-written report programs and recipients of certain fellowships/scholarships
Contained contractors (Note that employers sometimes incorrectly characterization workers every bit independent contractors; check with an chaser if you have questions)
Participants in a Work Experience Program (WEP)
Licensed occupational, speech, and physical therapists and audiologists if they phone call in for assignments at will, make up one's mind their own schedule and whether or not to take an assignment, and are paid at to the lowest degree 4 times the federal minimum wage.

iii. What can I use my sick leave for?

Y'all tin can utilise ill go out if you lot demand to take fourth dimension off from work due to your own mental or concrete illness, injury or health condition, or to obtain medical diagnosis, treatment or preventive intendance. That includes dr., dentist and eye doctor appointments.

You can besides use your sick get out to take intendance of a family member who needs medical care. The family unit members covered under the law include a kid, grandchild, spouse, domestic partner, parent, grandparent, child or parent of an employee'southward spouse or domestic partner, sibling or other blood relative. Family unit member also includes any individual whose close association with you is the equivalent of family.

In addition, sick leave can exist used if your workplace or child'southward school or daycare is closed due to a public health emergency declared by the City.

4. How much paid sick time am I entitled to earn and employ under this law?

If you work for a business with v or more employees, yous are entitled to earn and employ up to twoscore hours of paid sick time a year. You will earn 1 hour of paid sick fourth dimension for every 30 hours worked.

If you piece of work for a business with fewer than five employees, you are entitled to earn and use upwards to 40 hours of unpaid sick time a year.

If you are a domestic worker, you are entitled to two days of paid sick fourth dimension later ane year of employment, in addition to the paid days of residue provided by New York State Labor Law.

All employees are protected against being fired and other forms of retaliation for taking their earned sick time. Retaliation includes threats, discipline, demotion, reduction in hours, termination, etc.

5. How is the size of the business determined?

It is based on a caput count of all paid employees, whether they are full-time, part-time or temporary. If the number of employees changes from week to week, employers should base of operations their size on the boilerplate number of paid employees who worked per week during the prior calendar year.

If you work for a chain or franchise with fewer than 5 employees at your location, you may still be entitled to paid sick time. The combined full number of employees at all locations in New York Metropolis count if the business organisation owner owns at to the lowest degree 30 percent of each location and the businesses are engaged in the same business concern. To notice out nigh your particular workplace, inquire the NYC Department of Consumer Diplomacy.

half dozen. When can I commencement using my ill time?

Eligible employees tin can get-go using accrued sick leave 120 days after their date of hire.

7. What if I already have paid leave or paid fourth dimension off?

If y'all already get paid leave of any kind (holiday, paid time off, personal days, etc.) that you tin can use as ill time and information technology's at least the same amount you would earn under the Earned Safe and Sick Time Act, the law does not give you any additional paid time off.

8. Tin can I be required to work additional hours instead of getting sick time?

No, your employer cannot require yous to work boosted hours instead of getting ill time. Your employer also cannot require you to find a replacement if you cannot work your shift. Even so, if both you lot and your employer agree, you lot can work additional hours inside seven days instead of taking sick time.

9. What kind of discover and documentation do I have to give to my employer nether this law?

If yous know you lot volition need sick time in accelerate (for case, if you accept a physician's appointment), your employer can require you to tell him/her up to 7 days before you're scheduled to exist out.

If you lot don't know in advance well-nigh your need for sick time, your employer tin crave yous to tell him/her equally presently equally possible.

An employer can require a note from a health care provider if you have used sick time under the law for more than iii days in a row. The note does non demand to specify the nature of your personal or family wellness event — only your need for the corporeality of sick time taken.

x. What should I do if my employer does non let me take my ill fourth dimension?

What if my employer fires or punishes me for taking—or trying to have—sick time?

Where can I get more data well-nigh the police force or whether I am covered?

Employers have to start complying with the law April one, 2014. Employers must give written notice of employees' rights under the new law to existing employees past May i, 2014 and to new employees when they start their job. An employer cannot retaliate against an employee for using or requesting to employ sick leave.

An employer tin can discipline an employee who misuses ill leave, merely just if the employee uses sick go out for a purpose other than those in the law.

The New York City Department of Consumer Affairs (DCA) is in accuse of enforcing the law and processing complaints. DCA will conduct an investigation of the complaint and will work with the employer and the employee to resolve the complaint through mediation. If the complaint is not resolved, and the employer is establish to exist in violation of the law, a judge may order financial compensation to the worker and impose penalties on the employer. To learn about the details, contact DCA. You take two years after a violation of the law to enforce your rights.

To file a complaint with DCA go online to nyc.gov/PaidSickLeave to get a complaint course or telephone call 311 and inquire to exist transferred to a DCA representative to assistance you in filing a complaint over the phone.

Notation: The Department of Consumer Affairs is changing its proper name to the Section of Consumer and Worker Protection.

Need more than assistance?

For more information, run into: nyc.gov/PaidSickLeave or e-mail PSSL@dca.nyc.gov or call 311. Click here for more detailed FAQs from the city'south web site.

Call A Ameliorate Balance'due south Free Legal Clinic Hotline:(833) 633-3222 to speak with an attorney about your workplace rights apropos sick time.

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Source: https://www.cssny.org/pages/paid-sick-days-faq#:~:text=You%20can%20also%20use%20your,sibling%20or%20other%20blood%20relative.