Monday, November 6, 2017

PAID SAFE LEAVE: NEW YORK CITY EXPANDS PAID LEAVE TO DOMESTIC VIOLENCE, SEXUAL ASSAULT, STALKING AND TRAFFICKING SURVIVORS


  Mayor de Blasio today signed Intro. 1313-A that expands paid leave to domestic violence, sexual assault, stalking and trafficking survivors. This new law will allow the nearly 3 million New Yorkers eligible for paid leave to attend to immediate safety needs without fear of penalty or loss of income. The bill was introduced by the Mayor, First Lady McCray and Council Member Julissa Ferraras-Copeland in October 2016. 

“No New Yorker should ever have to decide between their safety and a paycheck,” said Mayor Bill de Blasio. “This new law will make it easier for survivors to get the care they need without jeopardizing their livelihood. I want to thank the First Lady, Speaker Mark-Viverito and Council Member Ferraras-Copeland for championing this cause, and fighting to bring an end to the pernicious cycle of domestic abuse.”

"Individuals experiencing intimate partner abuse should not be forced to choose between earning a living and keeping themselves and their children safe. They need the time and space to consult police or prosecutors, seek medical attention or relocate to another neighborhood. I'm proud to stand alongside Mayor de Blasio to make Paid Safe Leave a reality in New York City so survivors can access the services they desperately need without fear of losing their job,” said First Lady Chirlane McCray, Co-Chair of the Commission on Gender Equity.

“No one should have to choose between their safety or their employment," said Speaker Mark-Viverito."Providing New Yorkers with paid safe leave will help ensure that domestic violence survivors can get the help they need without fear of retribution. I thank Council Member Julissa Ferreras-Copeland for her leadership on this critical issue and the Administration on their continued partnership as we work to make our City safer and more just for all New Yorkers."

  Intro. 1313-A, which takes effect 180 days after signing, expands New York City’s Paid Sick Leave law to allow workers to use paid leave to address safety and access critical services related to specified criminal offenses.  This bill does not add to the total amount of leave, no less than 40 hours per year, that workers can take – instead it adds reasons for using the leave to allow a survivor of domestic violence, sexual assault, trafficking or stalking to take time off of work in order to plan their immediate next steps and focus on safety, without fearing a loss of income.  NYC is the first city to pass paid safe leave legislation that includes survivors of human trafficking in addition to domestic violence, sexual abuse, and stalking.  Workers who have been the victims of these offenses – or family members who need to assist them – can use Paid Sick or Safe Leave to care for their needs, whether physical, psychological, financial or otherwise. Examples of uses that will be allowed under this bill include: meeting with and safety planning with a social worker/advocate, meeting with a civil legal attorney, filing a police report, meeting with the District Attorney’s Office, attending a court appearance, an appointment with a financial counselor, moving into safe housing, and others. The bill also expands the definition of family member for all uses of paid time, Sick or Safe, under the law to recognize chosen families, not just biological ones.

The Department of Consumer Affairs has enforced the Paid Sick Leave Law since it took effect in 2014; now DCA’s Office of Labor Policy & Standards will continue its enforcement work of the amended law that includes the new SAFE leave uses, and the expanded definition of family member. If employers violate the Paid Sick or Safe Leave law, DCA-OLPS can require them to provide restitution to workers and pay civil penalties. DCA-OLPS will collaborate with the Mayor’s Office to Combat Domestic Violence, as well as community partners, to conduct outreach and education to inform the public of these amendments. Understanding the complexity of the challenges domestic violence survivors already face, we want to ensure that survivors know their rights under this new law, and are able fully to take advantage of them.

 In 2014, Mayor de Blasio signed legislation expanding Paid Sick Leave to half a million more New Yorkers, ensuring that employees who work in NYC for more than 80 hours a year can earn up to 40 hours of sick leave each year to care for themselves or a family member.

Across the country, cities have struggled to effectively reduce rates of domestic violence. In New York City, where crime is at historic lows, domestic violence persists. The de Blasio Administration is investing $11 million to reduce domestic violence by increasing early intervention, expanding services for survivors and better holding abusers accountable. These recommendations were developed by the Domestic Violence Task Force, which the Mayor and First Lady convened in 2016.

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