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In the event of a public disaster, the mayor may, for the length of such disaster, suspend the provisions of this chapter for businesses, corporations or other entities regulated by the public service commission.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/046.
a. No person shall interfere with any investigation, proceeding or hearing pursuant to this chapter.
b. No person shall take any adverse action against an employee that penalizes an employee for, or is reasonably likely to deter an employee from, exercising or attempting to exercise rights under this chapter or interfere with an employee's exercise of rights under this chapter and implementing rules.
c. Adverse actions include, but are not limited to, threats, intimidation, discipline, discharge, demotion, suspension, harassment, discrimination, reduction in hours or pay, informing another employer of an employee's exercise of rights under this chapter, blacklisting, and maintenance or application of an absence control policy that counts protected leave for safe/sick time as an absence that may lead to or result in an adverse action. Adverse actions include actions related to perceived immigration status or work authorization.
d. An employee need not explicitly refer to a provision of this chapter or implementing rules to be protected from an adverse action.
e. The protections of this section shall apply to any person who mistakenly but in good faith asserts their rights or alleges a violation of this chapter.
f. A causal connection between the exercise, attempted exercise, or anticipated exercise of rights protected by this chapter and implementing rules and an employer's adverse action against an employee or a group of employees may be established by indirect or direct evidence.
g. For purposes of subdivision b of this section, a violation is established when it is shown that a protected activity was a motivating factor for an adverse action, whether or not other factors motivated the adverse action.
(Am. L.L. 2020/097, 9/28/2020, eff. 9/30/2020; Am. L.L. 2021/172, 12/24/2021, retro. eff. 11/2/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/046 and L.L. 2021/172.
a. 1. An employer shall provide an employee with written notice of such employee's right to safe/sick time pursuant to this chapter, including the accrual and use of safe/sick time, the calendar year of the employer, and the right to be free from retaliation and to file a complaint with the department. Such notice shall be in English and the primary language spoken by that employee, provided that the department has made available a translation of such notice in such language pursuant to subdivision b of this section. Such notice shall also be conspicuously posted at an employer's place of business in an area accessible to employees.
2. Such notice shall be provided to each employee at the commencement of employment. For employees who were already employed prior to the effective dates of provisions of this chapter establishing their right to safe/sick time, such notice shall be provided within thirty days of the effective date of the local law that established each such right.
b. The department shall create and make available notices that contain the information required pursuant to subdivision a of this section concerning safe/sick time and such notices shall allow for the employer to fill in applicable dates for such employer's calendar year. Such notices shall be posted in a downloadable format on the department's website in Chinese, English, French-Creole, Italian, Korean, Russian, Spanish and any other language deemed appropriate by the department.
c. The amount of safe/sick time accrued and used during a pay period and an employee's total balance of accrued safe/sick time shall be noted on a pay statement or other form of written documentation provided to the employee each pay period.
d. Any person or entity that willfully violates the notice requirements of this section shall be subject to a civil penalty in an amount not to exceed fifty dollars for each employee who was not given appropriate notice pursuant to this section.
(Am. L.L. 2017/199, 11/6/2017, eff. 5/5/2018; Am. L.L. 2020/097, 9/28/2020, eff. 9/30/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/046 and L.L. 2014/007.
a. The commissioner shall engage in ongoing public education efforts to inform employers, employment agencies, employees and job applicants about their rights and responsibilities under this chapter, and shall make best efforts to:
1. In coordination with the department of health and mental hygiene, distribute posters, flyers, and other written materials concerning employees’ rights pursuant to this chapter to pharmacies, doctors’ offices, and hospitals and such other sites as may be appropriate; and
2. Invite the New York city health and hospitals corporation to participate in the posting and dissemination of posters, flyers and written materials concerning employees’ rights pursuant to this chapter.
b. Nothing in this chapter shall be construed to require the acceptance or display of such materials by private entities.
(L.L. 2023/143, 11/5/2023, eff. 3/4/2024)
Employers shall make and retain records documenting such employer's compliance with the requirements of this chapter for a period of three years unless otherwise required pursuant to any other law, rule or regulation, and shall allow the department to access such records, with appropriate notice and at a mutually agreeable time of day, in furtherance of an investigation conducted pursuant to this chapter.
(Am. L.L. 2020/097, 9/28/2020, eff. 9/30/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/046 and L.L. 2014/007.
a. An employer may not require the disclosure of details relating to an employee's or his or her family member's medical condition or require the disclosure of details relating to an employee's or his or her family member's status as a victim of domestic violence, family offenses, sexual offenses, stalking, or human trafficking as a condition of providing safe/sick time under this chapter. Health information about an employee or an employee's family member, and information concerning an employee's or his or her family member's status or perceived status as a victim of domestic violence, family offenses, sexual offenses, stalking or human trafficking obtained solely for the purposes of utilizing safe/sick time pursuant to this chapter, shall be treated as confidential and shall not be disclosed except by the affected employee, with the written permission of the affected employee or as required by law. Provided, however, that nothing in this section shall preclude an employer from considering information provided in connection with a request for safe time in connection with a request for reasonable accommodation pursuant to subdivision 27 of section 8-107.
(Am. L.L. 2017/199, 11/6/2017, eff. 5/5/2018; Am. L.L. 2018/063, 1/19/2018, eff. 10/16/2018; Am. L.L. 2020/097, 9/28/2020, eff. 9/30/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/046.
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