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Client Alert: They’re Tr-eating Your Dogs, They’re Tr-eating Your Cats, They’re Tr-eating Your Pets! New York City Proposes Pet Sick Leave Bill

New York City Councilman Shaun Abreu, a cat owner, has introduced a groundbreaking bill — Introduction 1089 — that could make New York City the first jurisdiction in the nation to offer paid sick leave for pet care. The bill would amend New York City’s Earned Safe and Sick Time Act (ESSTA) to allow employees to use their sick leave to care for their service animals or pets kept primarily for companionship. Whether for a vet visit for a diagnosis, care, or treatment of a physical illness, injury, or health condition, an employee’s furry friend could soon be covered.

Councilman Abreu believes that increased pet ownership can boost New Yorkers' mental health. But before this pet-friendly policy becomes law, it needs the green light from the New York City Council and Mayor Eric Adams. If passed, the law would take effect 120 days later.

Current ESSTA Provisions
Under the existing ESSTA, private-sector employers with employees regularly performing work in New York City (even remote workers in NYC) must provide job-protected safe and sick leave to those employees for:

• Their own illness or preventive care or care for a sick family member
• Care for a child whose workplace or school closed due to public health emergencies
• Seeking assistance or taking other safety measures for themselves or a family member who may be the victim of an act or threat of domestic violence, stalking, or human trafficking.

Employers must offer 40 to 56 hours of sick/safe leave to employees annually. The amount of leave and whether it must be paid or unpaid depends on employer size and revenue. Among other things, New York City employers are also required to provide employees, upon hire, with written notice, in English and in their primary language, of their right to (1) safe and sick leave; (2) file a complaint, and (3) be free from retaliation. They must also post the notice in a workplace area that is visible and accessible to employees. Note that New York State also requires paid safe and sick leave for employees working in New York State (regardless of whether they are working in New York City).

National Context
Currently, nineteen states (including Maryland and the District of Columbia) require employers to provide sick leave to employees, but none include leave for pet care. [1] There is currently no federal requirement for employers to provide employees with sick leave. The federal Family and Medical Leave Act requires larger companies or organizations to offer eligible employees up to 12 weeks of job-protected unpaid leave for a serious health condition.

Conclusion
If this proposed pet care amendment to New York City’s ESSTA becomes law, it could set a national precedent. Time will tell if New York City will lead the way in pet care leave, and whether New York State will follow suit. When it comes to the government expanding burdens on employers doing business in New York, anything is “paw-sible!”

If you have questions about leave requirements for your business or organization, need to update your employee leave policies to comply with current law, or train your managers on legal obligations relating to sick or safe leave requirements, please contact Whiteford’s Labor and Employment attorneys.