(This comes from The Bronx Chamber of Commerce)
The City
Council will hear testimony on the Sick Pay Bill this Friday. This will
probably be your last chance to call your Council-member to urge
him/her to withhold support until the bill is redrafted in a manner that
is less destructive to businesses. The following is yesterday's
article in Crains New York Business:
Meet the sick-days police
Gulp: The city's Department of Health would audit businesses.
Crain's Published: March 18, 2013
Been
incorporated as a business here for all of 12 months? Congratulations.
You must now comply. Multilingual written notice must be given to all
employees and similarly worded posters displayed. Personnel manuals and
orientation materials must reflect the many provisions of the new law,
which include rules governing the swapping of shifts to cover for
last-minute employee absences and the accumulation of unused paid sick
days into future years.
Interestingly,
the sick employee must provide little beyond his or her word. An
employer may not demand a physician's note until the third day out. Even
then, the note need not specify the nature of an employee's or family
member's claimed illness or condition. Naturally, the employer cannot
withhold pay or deny the sick days if the worker fails to produce even
such minimal documentation.
A
fired employee who persuades a DOH-approved tribunal that he or she was
wronged by the employer who dared dismiss a ne'er-do-well for abusing
the newly prescribed right to call in sick five times a year without a
moment's warning, well, he or she can be awarded at least $5,000 and
other relief - "including reinstatement and promotion."
Family shop or Fortune 500
HQ, it matters not: The bureaucrats who brought you the beverage ban
would have the power to subpoena and examine your employment records.
Has anyone outside a union hall actually read this law? Better take a
big gulp. DOH investigators can show up at your store or office
demanding a compliance audit with no more evidence than a claim of
wrongdoing by a kvetcher whose identity you may never learn. Woe to the
business that does not have three years' worth of paperwork documenting
the hours worked and sick time accrued and taken by each
employee-full-time, part-time or even seasonal. Under this law, failure
to maintain proper records is presumed to be evidence of a violation.
First violation: $1,000. A second violation within the next five years:
at least $2,000.
You may have
heard something in the news last week about a modest initiative from the
New York City Department of Health that called for limiting sales of
sugary drinks to 16-ounce portions. Well, guess which city agency would
be responsible for enforcing the City Council's proposed paid-sick-days
law? That's right: the DOH, which under the latest rewrite of the
sick-days legislation is given incredible policing powers over any city
business with five or more employees.
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