Family And Medical Leave: NY & NJ

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New York City
Under New York City’s Earned Safe and Sick Time Act (Paid Safe and Sick Leave Law or ESSTA), employers with 5 or more employees who work more than 80 hours per calendar year in New York City must provide paid safe and sick leave to workers. Smaller employers must provide unpaid safe and sick leave.

NYC employees/workers can use safe and sick leave for the care and treatment of themselves or a family member and to seek legal and social services assistance or take other safety measures if the employee or a family member may be the victim of any act or threat of domestic violence or unwanted sexual contact, stalking, or human trafficking.
Eligible employees accrue safe and sick leave at a rate of one hour of leave for every 30 hours worked, up to 40 hours per calendar year, beginning on their first day of employment. Employees can begin using accrued leave 120 days after their first day of work.

Employees must be permitted to carry over up to 40 hours of unused safe and sick leave from one calendar year to the new calendar year. Alternatively, employers may choose to frontload safe and sick leave on the first day of a new calendar year, relieving them of the carry over provisions of the law.
However, employers are required to let workers use up to 40 hours of safe and sick leave only per calendar year.
New Jersey
New Jersey’s Earned Sick Leave Law allows employees to accrue 1 hour of earned sick leave for every 30 hours worked, up to 40 hours each year.

Workers can begin using earned sick leave accrued under this law on February 26, 2019, or the 120th calendar day after you begin employment, whichever is later. However, the law permits employers to create policies that provide additional leave time and that permit workers to use sick leave at an earlier date.

Up to 40 hours of unused earned sick leave can be carried over into the next benefit year. However, the law requires that employees use up to 40 hours of leave only per benefit year. Alternatively, employers can offer to purchase workers’ unused earned sick leave at the end of the benefit year.
Employers cannot retaliate against employees for requesting or using their leave under New York City & New Jersey Law. Retaliation includes any threat, discipline, discharge, demotion, suspension, or reduction in employee hours, or any other adverse employment action against employees for exercising or attempting to exercise any right guaranteed under the law.

If you think you have been a victim of employment/workplace disability or medical/health leave discrimination, harassment or retaliation, our experienced NYC & NJ Employee Rights Lawyer can help get the resolution you deserve.

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