§ 7-205 Employee Notification of Use of Safe/Sick Time and Paid Prenatal Leave.
RCNY § 7-205
(a)An employer may require an employee to provide reasonable notice of the need to use safe/sick time or paid prenatal leave, provided the requirement to provide notice and the method of providing notice are set forth in the written policy required by 6 RCNY § 7-211.
(b)An employer that requires notice of the need to use safe/sick time or paid prenatal leave where the need is not foreseeable shall provide a written policy that contains reasonable procedures for the employee to provide notice as soon as practicable. Examples of such procedures may include, but are not limited to, instructing the employee to: (1) call a designated phone number at which an employee can leave a message; (2) follow a uniform call-in procedure; (3) send an email to a designated email address; (4) submit a leave request in a scheduling software system, provided the employee has access to such system on non-work time, and has been trained on and given written instructions on how to use the system; or (5) use another reasonable and accessible means of communication identified by the employer. Such procedures for employees to give notice of the need to use safe/sick time or paid prenatal leave when the need is not foreseeable may not include any requirement that an employee appear in person at a worksite or deliver any document to the employer prior to using safe/sick time or paid prenatal leave.
(c)In determining when notice is practicable in a given situation, an employer must consider the individual facts and circumstances of the situation.
(d)An employer that requires notice of the need to use safe/sick time or paid prenatal leave where the need is foreseeable shall have a written policy that contains procedures for the employee to provide reasonable notice, which may include any of the reasonable procedures set forth in 6 RCNY § 7-205(b). Such policy shall not require more than seven days' notice prior to the date such safe/sick time is to begin. The employer may require that such notice be in writing.
(e)A need is foreseeable when the employee is aware of the need to use safe/sick time or paid prenatal leave seven days or more before such use. Otherwise, the need is unforeseeable. (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; amended City Record 6/2/2025, eff. 7/2/2025)
