Know Your Rights

Paid Safe and Sick Leave for Domestic Workers

Effective September 30, 2020, employers must:

  • provide domestic workers with 40 hours of paid safe and sick leave;

  • allow employees to use safe and sick leave as it is accrued;

  • reimburse employees who must pay for required documentation after three consecutive workdays of leave;

  • list on employees’ paystubs (or any document issued each pay period) the amounts of accrued and used leave and the total balance of accrued leave.
    Note: For this requirement only, employers that could not operationalize the documentation requirement by September 30, 2020 but are working in good faith on implementation will have up to November 30, 2020 to ensure compliance without a penalty.

Read more info here.

NOTICE OF EMPLOYEE RIGHTS: https://www1.nyc.gov/assets/dca/downloads/pdf/about/PaidSafeSickLeave-MandatoryNotice-English.pdf

Domestic Worker Bill of Rights

Among other provisions, this law gives domestic workers:

  • The right to overtime pay at time-and-a-half after 40 hours of work in a week, or 44 hours for workers who live in their employer’s home;

  • A day of rest (24 hours) every seven days, or overtime pay if they agree to work on that day;

  • Three paid days of rest each year after one year of work for the same employer; and

  • Protection under New York State Human Rights Law, and the creation of a special cause of action for domestic workers who suffer sexual or racial harassment.

Read more info here.

Contracts and agreements provide additional protection to domestic workers, sometimes even more than required by the law. Two parties agree to work together, and forge a connection that if fostered well and beneficial on both sides, can last years. A contract is the visual representation of that relationship. Contracts also hold each party to their original agreement.


COVID-19 Contract

NDWA: 

https://membership.domesticworkers.org/coronavirus/work-safely/return-to-work-safely/


Hand in Hand: 

https://domesticemployers.org/how-to-be-a-fair-employer-during-the-coronavirus-crisis-in-ny/


Sample Contracts: 

NDWA: https://docs.google.com/document/d/1HyIxQ3CeHUoZXeYvDABqRlcJfC-3nQI3ZAEJS5i5L4k/edit


Hand in Hand Employer Network: https://domesticemployers.org/resources-and-faqs/templates/

Returning to Work During COVID-19: 

  • Discuss and develop a Safety Plan with your employer and stick to the plan.

  • Prepare for possible COVID-19 exposure.

  • Know your rights regarding paid leave and/or protected time off if you are exposed.

  • Speak regularly and openly with your employer about health and safety issues, including the effectiveness of the Safety Plan to address issues.

Read more info here.