§ 7-203 Employees.
RCNY § 7-203
(a)An employee, as defined by § 20-912 of the Administrative Code, is "employed for hire within the City of New York" if the employee performs work, including work performed by telecommuting, while the employee is physically located in New York City, regardless of where the employer is located. An employee who only performs work, including by telecommuting, while physically located outside of New York City, is not "employed for hire within the City of New York," even if the employer is located in New York City. As of September 30, 2020, hours worked within New York City also count towards an employee's accrual of sick leave under New York Labor Law section 196-b.
(b)An employee with a primary work location outside of New York City is "employed for hire within the City of New York" if they regularly perform, or are expected to regularly perform, work in New York City during a calendar year. For such an employee, only hours worked within New York City must count toward the accrual of safe/sick time for the purpose of § 20-913(b) of the Administrative Code. Example 1: A retail business based in New Jersey with locations in both New Jersey and New York City hires a new employee. The employee, who lives in New Jersey, will work primarily at a New Jersey location but may be asked to cover shifts in New York City when needed due to staffing shortages at those locations. The employer estimates that some months, the employee will work one to three six to eight-hour shifts in New York City, but that their New York City hours will vary and some months the employee may not work in New York City at all. This is work that the employer expects the employee to perform regularly, so the employee is employed for hire within the City of New York for the purposes of § 20-912 of the Administrative Code. The employee must accrue one hour of safe/sick time for every 30 hours worked within New York City and must be allowed to use their accrued hours for the reasons provided by § 20-914 of the Administrative Code when scheduled to work within New York City. Example 2: An employee lives in Florida and works from home for a company based in Manhattan. The employee is required to attend daylong meetings at the Manhattan headquarters approximately twice a year. The employee is not "employed for hire within the City of New York" under § 20-912. Example 3: A custom cabinetry business based in Massachusetts is commissioned by a New York City resident to build kitchen cabinets. After the cabinets are completed at the company's Massachusetts studio, a Massachusetts-based employee travels to New York City and spends eight hours installing them in the client's residence. The employer does not currently expect the employee to go back to New York City in the course of her employment within the remainder of the calendar year. The employee is not "employed for hire within the City of New York" under § 20-912. Example 4: A construction business based in Nassau County does business both within New York City and on Long Island. An employee works a total of 300 hours for the employer at a site in Queens from June 1, 2021 to July 26, 2021. The employee is employed for hire within the City of New York for the purposes of § 20-912 of the Administrative Code and accrued 10 hours of safe/sick time. The employee continues working for the employer at a site on Long Island from July 27, 2021 to September 28, 2021, working a total of 450 hours during that timeframe and accruing 15 hours of sick leave under section 196-b of the New York Labor Law. On October 1, 2021, the employee is scheduled to report to work on Long Island but is unable to do so due to illness. The employee is not entitled to use sick time under § 20-914 of the Administrative Code at the time of his illness because he was scheduled to report for work on Long Island. However, the employee is covered by section 196-b of the New York Labor Law, and has a total of 25 hours accrued and available for immediate use under section 196-b from the time worked in New York City and Nassau County. (Amended City Record 2/3/2016, eff. 3/4/2016; amended City Record 8/21/2018, eff. 9/20/2018; amended City Record 9/15/2023, eff. 10/15/2023)
