L.L. 2013/046

Enactment date: 6/26/2013

Int. No. 97-A

By Council Members Brewer, Lappin, Mendez, Palma, Gonzalez, Ferreras, Koppell, Recchia, Gentile, Mark-Viverito, Rodriguez, James, Williams, Levin, Rose, Jackson, Chin, Barron, Ulrich, Mealy, Nelson, Vann, Crowley, Foster, Lander, Van Bramer, Dromm, Garodnick, Rivera, Cabrera, Eugene, Koslowitz, Vacca, Weprin, Reyna, Arroyo, King, Richards, Wills, Gennaro, Dickens, Comrie and the Public Advocate (Mr. de Blasio)

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to the provision of sick time earned by employees.

Be it enacted by the Council as follows:

Section 1. Legislative intent. The City Council finds that nearly every worker at some time during each year will need time off from work to take care of his or her health needs or the health needs of family members. Providing the right to earned sick time will therefore have a positive effect on the public health of the City and lessen the spread of and exposure to diseases. The Council further finds that supporting a healthy workforce will foster greater employee retention and productivity, and recognizes that responsible businesses that already have policies that allow time off that amounts to at least the minimum requirements under this law, and that can be taken for the same reasons and under the same conditions as enumerated in this legislation, will not be required to provide additional sick time. Providing sick time to workers at a time when the economy is improving, and ensuring that workers' jobs are protected when they need to take a sick day, strikes the right balance and will result in a more prosperous, safe and healthy City.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. Effect of invalidity; severability. If any section, subdivision, paragraph, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this local law, which remaining portions shall continue in full force and effect.

§ 5. Independent Budget Office report. Pursuant to section 260 of the New York City Charter, no later than thirty months after employers with twenty or more employees are required to provide sick time to employees pursuant to section 3 of this local law, the Independent Budget office ("IBO") shall report to the Mayor and the Council and post on its website a report presenting data related to the costs and benefits of the Earned Sick Time Act. Such report shall include to the extent practicable given available data and methodologies, but not be limited to, data regarding wage and employment rates; businesses, including small business start-up and failure rates, expenses and revenues; and infectious disease rates; and shall include to the extent practicable a comparison of New York City with surrounding counties and large cities comparable to New York City that do not provide sick time. When reporting this data, the IBO director shall ensure that IBO uses appropriate and professionally accepted methodologies for comparing similar data and identify such methodologies in the report, and shall clearly specify the extent to which the earned sick time act can properly be determined to have had an impact on any of the data analyzed. The report shall be contingent on the availability to IBO of data the IBO director determines to be necessary to complete such report. The IBO director shall be authorized to secure such information, data, estimates and statistics from the agencies of the City as the director determines to be necessary in the preparation of such report, and such agencies shall provide such information to the extent that it is available in a timely fashion.

§ 6. Independent Budget Office review and determination. On December 16, 2013, the Independent Budget Office shall submit to the Council and the Mayor and post on its website a determination stating whether the most recent New York City Coincident Economic Index or similar successor index as published by the Federal Reserve Bank of New York (the "Index") is at or above its January 2012 level. If such determination states that the Index is below its January 2012 level, the IBO shall make and submit a determination every June 16 and December 16 of each year thereafter, until it determines that the Index is at or above its January 2012 level.

§ 7. This local law shall take effect pursuant to the following schedule:

   (1)   If the December 16, 2013 Independent Budget Office ("IBO") determination shows that the most recent New York City Coincident Economic Index or similar successor index as published by the Federal Reserve Bank of New York (the "Index") is at or above its January 2012 level, then:

      (a)   all employers that employ twenty or more employees must comply with the provisions of this local law on April 1, 2014;

      (b)   all employers that employ fifteen to nineteen employees or a domestic worker must comply with the provisions of this local law regarding paid sick time on October 1, 2015; and

      (c)   all employers with employees not entitled to paid sick time pursuant to chapter 8 of title 20 of the administrative code as added by section 3 of this local law, including those employers covered by paragraph 3 of subdivision a of section 20-913 of such code as added by section 3 of this local law during the period specified therein, must comply with the provisions of this local law on April 1, 2014.

   (2)   If on December 16, 2013, the Index is not at or above its January 2012 level, but on June 16, 2014, the Index is at or above its January 2012 level as determined by the IBO, then:

      (a)   all employers that employ twenty or more employees must comply with the provisions of this local law on October 1, 2014;

      (b)   all employers that employ fifteen to nineteen employees or a domestic worker must comply with the provisions of this local law regarding paid sick time on April 1, 2016; and

      (c)   all employers with employees not entitled to paid sick time pursuant to chapter 8 of title 20 of the administrative code as added by section 3 of this local law, including those employers covered by paragraph 3 of subdivision a of section 20-913 of such code as added by section 3 of this local law during the period specified therein, must comply with the provisions of this local law on October 1, 2014.

   (3)   If on June 16, 2014, the Index is not at or above its January 2012 level, but on December 16, 2014, the Index is at or above its January 2012 level as determined by the IBO, then:

      (a)   all employers that employ twenty or more employees must comply with the provisions of this local law on April 1, 2015;

      (b)   all employers that employ fifteen to nineteen employees or a domestic worker must comply with the provisions of this local law regarding paid sick time on October 1, 2016; and

      (c)   all employers with employees not entitled to paid sick time pursuant to chapter 8 of title 20 of the administrative code as added by section 3 of this local law, including those employers covered by paragraph 3 of subdivision a of section 20-913 of such code as added by section 3 of this local law during the period specified therein, must comply with the provisions of this local law on April 1, 2015.

   (4)   If on December 16, 2014 the Index is not at or above its January 2012 level, then the IBO shall make a determination every June 16th and December 16th of each year thereafter until such Index is at or above its January 2012 level, and the effective date of this local law for all employers shall be on the succeeding October 1 or April 1, respectively, after the first such determination that the Index is at or above its January 2012 level.

   (5)   Notwithstanding the preceding paragraphs (1) through (4), in the case of employees covered by a valid collective bargaining agreement in effect on the effective date prescribed by such preceding paragraphs, this local law shall take effect on the date of the termination of such agreement.

   (6)   This local law shall take effect pursuant to the preceding paragraphs, and the commissioner of consumer affairs shall take such measures as are necessary for its implementation, including the promulgation of rules, prior to such effective date.