Sick Time, Pregnancy Accommodation and Discussion of Wages: Handbook Statements Updated

Author: Melissa Gonzalez Boyce, XpertHR Legal Editor

XpertHR has updated several employee handbooks to reflect various legal developments.
Amendments to New York City's Earned Sick Time Act (ESTA) rules took effect March 4, 2016. Among other things, the amendments:

  • Address how an employer, including a new business that has been in operation for less than one year, can calculate its number of employees;
  • Define temporary help firms and when they are legally responsible for ESTA violations;
  • Allow an employer to set the minimum number of hours and time frame for the use of sick time;
  • Clarify the calculation of rate of pay of paid sick time for employees paid on a piecework basis;
  • Address what an employer must include in written sick time policies;
  • Clarify what records employers must keep;
  • Make clear that an employer's failure to keep or produce written sick time policies and records creates a reasonable inference that a complaint against it is valid; and
  • Define the term adverse employment action as used in the definition of retaliation against an employee.

As a result of this legal development, the Sick Time Handbook Statement [1-4 Employees]: New York City, New York and the Paid Sick Time Handbook Statement [5+ Employees]: New York City, New York have been updated.

In addition, the District of Columbia's Protecting Pregnancy Workers Fairness Emergency Amendment Act has amended the pregnancy accommodation statute and now provides times off due to pre-birth complications as a reasonable accommodation. As a result, the Pregnancy Accommodation Handbook Statement: District of Columbia has been updated. The Sick and Safe Leave Handbook Statement: District of Columbia has also been revised to address joint liability for violations of the ASSLA/ESSLA by subcontractors and temporary staffing firms.

The Discussion of Wages Handbook Statement: New Hampshire has also been enhanced to indicate the employees not covered under the policy.

Lastly, the National Handbook table of contents has been updated to include the Dual-Use Device Users Handbook Statement.