Am I Entitled to Paid Sick Leave in New York City? NYC Wage and Hour Attorney Explains

Am I Entitled to Paid Sick Leave in New York City?  Learn New York City’s Paid Sick Leave Laws Here

Sometimes when taking a new job it may not always be clear whether an employee is entitled to paid sick leave.  Under the law is may not be either, as there are federal, state, and even local laws to know.  This is why employees who are denied paid sick leave or who believe they are not being properly provided sick leave in New York City should contact a New York City wage and hour attorney to learn their rights and what remedies they may have in court.

Who Are Entitled to Paid Sick Leave under New York City’s Earned Sick Time Act (Paid Sick Leave Law)

Employees who are entitled to paid sick leave under New York City’s Earned Sick Time Act must 1) work more than 80 hours per calendar year in New York City, and 2) must be one of the following:

  • Full-time employees;
  • Part-time employees;
  • Transitional job program employees;
  • Undocumented employees;
  • Employees who are family members but not owners;
  • Employees who live outside of New York City.

Employees Who are NOT Entitled to Paid Sick Leave under New York City’s Earned Sick Time Act (Paid Sick Leave Law)

Employees who are NOT entitled to paid sick leave in New York City under New York’s Paid Sick Leave Law include the following individuals:

  • Employees who work 80 or less hours in a calendar year in New York City;
  • Students in federal work study programs;
  • Employees whose work is compensated by qualified scholarship programs;
  • Employees of federal, state, and local government agencies (EXCEPT those employees who have an employment contract or are subject to a collective bargaining agreement which authorizes paid sick leave);
  • Certain medical employees such as physical therapists, occupational therapists, speech language pathologists, audiologists who are licensed by the New York State Department of Education;
  • Independent contractors who are not employees;
  • Participants in Work Experience Programs (“WEP”); and
  • Employees subject to employment agreements such as unionized workers or individuals with employment agreements.

Denied Sick Leave in New York City?  Call SAMUEL & STEIN to Learn if You May Have Legal Rights to Protect

Are you unsure whether you are entitled to paid sick leave in New York City?  New York and New York City’s Department of Consumer Affairs’ slogan is “NYS Works Better with Paid Sick Leave.”  This missions statement could not be clearer.  Unfortunately, some employers may try to trick you out of sick leave or will downright deny your rights.  If that happens, call the experienced New York City wage and hour attorneys at SAMUEL & STEIN who are dedicated to asserting and defending the rights of employers and working people throughout New York and New Jersey.  We have the resources, experience, and knowledge necessary to ensure your legal rights are protected and you are not taken advantage of.  Call us today by dialing (646) 480-2149 or use the convenient “Evaluate Now” box on our webpage.  Together we can help answer your questions and protect your rights.

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