What to Do if Your Employer Violates New York’s Paid Sick Leave Law
Under New York law, you are given the right to sick and safe leave, a law that aims to provide workers with more protection for their position. Knowing what to do if your employer violates New York’s paid sick leave law is important, as it enables you to take action to hold them accountable. Employers must follow these laws, and when they do not, you have the right to report their actions to the Department of Consumer and Worker Protection. Speak with a Syracuse employment law attorney today about your situation so you are compensated properly for violations of New York’s paid sick leave law.
What Are New York’s Paid Sick Leave Laws?
The New York Paid Sick Leave Law requires employers to provide paid sick leave to employees if they meet requirements:
- Employers with 100 or more employees: Must provide up to 56 hours of paid sick leave each calendar year.
- Employers with 5 to 99 employees: Must provide employees with 40 hours of paid sick leave per calendar year.
- Employers with 0 to 4 employees: If the employer’s net income is above $1 million, they must provide up to 40 hours of paid sick leave. If the employer’s net income is under $1 million, they must provide up to 40 hours of unpaid sick leave.
The rules are fairly straightforward. However, they include additional details, including how employees accrue time off. The rules also offer steps that employees can take if they feel their employer violates these risks.
What to Do If Your Employer Violates the Paid Sick Leave Laws?
Employers cannot retaliate against workers if they use earned sick leave. If they violate this law, contact the New York Department of Labor’s Anti-Retaliation Unit. You can file a formal complaint directly on the site. You can also file a complaint with the New York City Department of Consumer and Worker Protection, which is tasked with investigating all such claims made.
Can an Employer Refuse a Sick Leave Request?
Employers have the right to require an employee to provide reasonable notice of the need to use sick leave. Most often, the requirements are listed in an employee guidebook. If there are such restrictions or rules, they must be documented so that employees know them.
If such rules are in place, and those rules are written policies understood by the employees, and the employee does not take those steps, the employer has the right to refuse the sick time.
In most other situations, the employer cannot simply refuse the employee’s request for time off. More so, the company cannot refuse to provide time off when unforeseen circumstances occur that could not have been predicted and, therefore, reported.
Hire an Attorney to Fight for Your Losses
In situations where you believe the employer has taken action to limit your ability to use accrued sick time, you can file a complaint yourself. However, utilizing the assistance of an employment attorney could help alleviate some of the frustrations you have and may help you seek compensation against that organization.
Seek legal guidance from an experienced Syracuse employment law attorney if you believe your employer did not meet your right to sick leave. A trusted legal team can help you uncover what your rights are and provide you with specific steps to take to hold the employer accountable for their actions. Our employment attorneys are available to discuss your case with you today.