PUBLICATIONS

Lassie Looking Peaked? NYC "Pawrents" May Soon be Entitled to Paid Leave for Pet Care

Date   Oct 31, 2024

Real World Impact: In recognition of the important role that pets play in people’s lives, on October 23, 2024, the New York City Council introduced a bill (Int. 1089-2024) that would amend the New York City Earned Safe and Sick Time Act to provide pet-owning employees the ability to use their paid sick leave to care for their animals.

Understanding the Bill

Under the Earned Safe and Sick Time Act, employees are currently eligible to use their accrued sick leave for their own health needs, to care for a sick family member, to seek legal and social services assistance for victims of domestic violence or in the case of a public emergency. The proposed legislation would now also allow eligible employees to use their accrued paid sick leave to care for a sick pet or to address situations arising from the pet’s health issues.

The proposed bill defines a covered animal as a “service animal or [] an animal kept primarily for companionship in compliance with all applicable laws.” Employees can use the leave for the care of a covered animal that needs “medical diagnosis, care or treatment of a physical illness, injury or health condition or that needs preventive medical care.”

Under the Earned Safe and Sick Time Act, employers with 100 or more employees must provide up to 56 hours of paid leave each calendar year. For employers with between 5-99 employees, employees must be provided with up to 40 paid hours of leave. Employees of smaller employers are still eligible to accrue up to 40 hours of leave but whether it is paid depends upon the employer’s net income.

Employees need to notify their employers about the leave in advance, unless the leave is unexpected. Documentation to support the leave can only be required if the employee uses leave for more than three workdays in a row.

Broader Context

As noted by the bill’s sponsor, the bill is intended to address NYC’s mental health crisis. The bill acknowledges the emotional bond many people share with their pets and offers a way to balance work responsibilities with the care of their animals. The availability of paid leave can help reduce the stress and anxiety of employees in balancing pet care with their work responsibilities.

This bill is part of a larger trend across the United States, where some states and municipalities are recognizing the need for more inclusive leave policies that extend beyond traditional family leave.  If passed, New York City would be the first to mandate paid pet leave for companion animals. Currently, the only other legislative pet leave is in Emeryville, California, which allows employees to use paid sick leave to care for a guide or service dog.

While some critics argue that implications for employers could be significant, especially regarding policy enforcement and productivity, advocates say that such policies could boost employee morale and retention. Some companies acknowledge this benefit and already offer “pawrents” benefits such as “pawternity leave” for new pets and pet bereavement leave.

Next Steps

If passed, the bill will become effective after 120 days. Employers will need to update their leave policies and educate their HR professionals and/or other employees who approve leave of the availability for employees to use NYC paid sick leave for the care of their pets.

If you have any questions about the bill or other labor or employment related issues, please contact the authors of this Alert, Nicole Falcey, nfalcey@fordharrison.com, or Heather Boshak, hboshak@fordharrison.com both of whom are partners in our Berkeley Heights office. Of course, you can also contact the FordHarrison attorney with whom you usually work.