Leave - New York

Jury duty

New York law allows an employer to withhold wages of an employee serving as a juror during the period of the service; provided that an employer who employs more than ten employees must not withhold the first $40 of the juror’s daily wages during the first three days of jury service.

Voting

New York law allows employees up to three hours off to vote at any election without loss of pay. The employer determines when the employee can take the time off for voting, usually at the beginning or end of the work shift. If an employee requires working time off to vote, he or she must notify the employer not less than two working days before the election. Employers are to post notices regarding these provisions at least 10 working days before every election.

Domestic violence leave

Effective November 18, 2019, employers must offer reasonable accommodations to an employee who is a victim of domestic violence unless it would create undue hardship for the employer. Reasonable accommodations required include allowing an employee to take time off to:

• Seek medical attention for injuries caused by domestic violence, including for a child who is a victim of domestic violence, if the employee was not the perpetrator,
• Receive services from a domestic violence shelter, program, or rape crisis center,
• Receive psychological counseling related to domestic violence, including for a child who is a victim of domestic violence, if the employee was not the perpetrator,
• Participate in safety planning or to take other actions to increase safety, including temporary or permanent relocation; or
• Obtain legal services, to assist in the prosecution, or to appear in court concerning the domestic violence.

An employee who requires reasonable accommodations must give advanced notice to the employee if possible. If it is not possible to give notice, the employer may request that the employee certify their victim status after the time off. This can be in the form of:

• A police report indicating that the employee or his or her child was a victim of domestic violence;
• A court order protecting or separating the employee or his or her child from the perpetrator;
• Other evidence from the court or prosecuting attorney that the employee appeared in court; or
• Documentation from a medical professional, domestic violence advocate, health care provider, or counselor that the employee or his or her child was undergoing counseling or treatment for physical or mental injuries or abuse resulting in victimization.

Employers may employer may require employees to use accrued paid time off that is ordinarily granted. Health care coverage is to be maintained while on leave.

Employers must maintain the confidentiality of any information regarding an employee’s status as a victim of domestic violence.

A 5618/S1040, Ch 176

Victim or witness of offense

New York law provides that employers are prohibited from penalizing an employee who is a victim of an offense or a witness, for taking time to appear as a witness, consult with a district attorney, or obtain a restraining order.

Employees must provide notice to their employer of their intent to appear as a witness. Employers may require verification. Such time off need not be compensated.

Blood donation leave

The state blood donation leave provisions apply to employers with 20 or more employees at one or more worksites. Employees must work an average of at least 20 hours per week to be eligible.

Under New York law, employers must allow employees time off to donate blood, but they have a choice in how to provide for this time off. They can allow employees to go off site to donate or they can use donation leave alternatives. Off-site donation is a donation that is not made in connection with a blood drive at the employee's workplace or in connection with some other convenient time and place set by the employer. Donation leave alternatives include either a blood drive at the employee’s worksite or a donation option at some other convenient time and place set by the employer.

The time to donate must include time necessary for not only the actual donation, but also time to recover, including eating/drinking afterward and returning to work.

Since the blood donation leave does not involve a serious health condition, it should not have any affect on the FMLA.

Bone marrow donation

Employers with 20 or more employees must grant up to 24 hours of leave to employees who seek to undergo a medical procedure to donate bone marrow. The employer may require verification by a physician for the purpose and length of each leave requested by the employee.

Employees are eligible if they work for an employer for an average of 20 or more hours per week. This does not, however, include independent contractors.

Leave taken under this law does not affect an employee's rights with respect to any other employee benefit otherwise provided by law.

Military spouse leave

Employers with 20 or more employees are to provide employees up to 10 days’ unpaid time off when the employees’ spouses are on leave from the U.S. Armed Forces. The spouses are to have been deployed during a period of military conflict, to a combat theater, or combat zone of operations. This could include the regular Armed Forces as well as the National Guard or Reserves.

Employees are eligible if they worked for you for an average of 20 or more hours per week. Independent contractors are not considered “employees.”

Bereavement leave

Employers that extend to employees funeral or bereavement leave for the death of an employee's spouse or the child, parent or other relative of the spouse must  provide the same leave to an employee for the death of the employee's same-sex committed partner or the child, parent or other relative of the committed partner. For the purposes of this provision, same-sex committed partners are those who are financially and emotionally interdependent in a manner commonly presumed of spouses.

Emergency responders

If you have employees who serve as volunteer firefighters or are enrolled members of a volunteer ambulance service, you must allow such employees leave to perform duties related to a declared emergency unless you determine that the absence would impose an undue hardship.

Before taking such leave, the employee must have provided written documentation from the head of the employee’s fire department or volunteer ambulance service notifying the employer of the employee’s status as such a volunteer.

Upon your request, an employee who has been granted such leave must provide a notarized statement from the head of the fire department or ambulance service, certifying the period of time, or times, that the employee responded to any emergency.

The period of absence must either be unpaid excused leave for employees subject to overtime provisions, or may otherwise be charged against any other leave to which the employee is entitled.