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De Blasio, Mark-Viverito Beef Up Sick Leave Law

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New York City Mayor Bill de Blasio has announced a bill that will greatly expand the city’s paid sick leave law to apply to businesses with as few as five employees. City Council Speaker Melissa Mark-Viverito joined the mayor in making the announcement over the weekend.

In what is being deemed as essentially a “do-over” on paid sick days, de Blasio and Mark-Viverito will re-introduce the original bill, which lacks many of the current law’s concessions that had been included by former Council Speaker Christine Quinn at the behest of the business community.

“Paid sick leave legislation works for everyone,” de Blasio said at a press conference. “It improves productivity, it improves the retention of workers, and it creates a better environment for customers.”

The new bill will apply to every business in the city with five or more employees. There will be no phase-in period (the current law to take effect April 1 would only apply to businesses with 20 or more employees, and drop to a 15-employee threshold after one year), and it won’t have any “economic trigger” language that would delay the legislation if the economy slumps; Quinn had insisted on such a provision in last year’s law.

To be removed from the bill is an exemption for the manufacturing sector. Furthermore, the definition of family members will be extended to include grandparents, aunts and uncles who need to take time off to care for ill children. The Department of Consumer Affairs will still be the enforcing agency, even though it currently lacks the capacity of a regulatory body, or a commissioner appointed by Mr. de Blasio.

“This is basically the original legislation that for three years had a supermajority [in the council],” de Blasio said, referring to a veto-proof majority.

Mark-Viverito added that there would be committee hearings, but also implied that there had been enough debate already.

“There was no deal struck,” she said bluntly. “This is a conversation that has been going on for many years.”

There was some grumbling from Republicans in the City Council. Council Minority Leader Vincent Ignizio said the bill was “well-intentioned,” but questioned the timing of the announcement.

“Ultimately we’re putting an additional imposition on small business,” he said. “And it’s just going to force small businesses to reduce their workforce.”

De Blasio said that with the passage of the new bill, paid sick leave benefits will be extended to an additional 355,000 workers in the city, mostly in the retail and food-service industries.

Business groups that for years fought the bill seemed resigned in their reactions that a new progressive era had descended on city government. The Manhattan and Brooklyn chambers of commerce both released statements applauding the mayor and City Council for addressing the needs of workers in New York.

“We do continue to be concerned with the costs of doing business in New York City and the burdens placed on the backs of the small business owners,” said Nancy Ploeger, president of the Manhattan chamber.

Michael Weber, co-chair of the Hospitality Practice Group at Littler Mendelson, the nation’s largest labor and employment law firm, echoed that sentiment.

“It makes it even more difficult for small businesses to be profitable and to be competitive,” he said of the bill.

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