Can An Employer Deny Unpaid Time Off Nyc

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New York State Labor Law

Under New York State Labor Law, employees are not entitled to paid sick leave unless they work for an employer with four or more employees. However, employees are entitled to unpaid personal leave for a variety of reasons, including:

  • Illness or injury
  • Family care
  • Personal business
  • Jury duty
  • Voting
  • Military service

Can An Employer Deny Unpaid Time Off Nyc
Can An Employer Deny Unpaid Time Off Nyc

New York City Paid Sick Leave Law

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In addition to the state law, New York City also has its own Paid Sick Leave Law. This law requires employers with five or more employees to provide paid sick leave to their employees. The amount of paid sick leave that an employee is entitled to depends on the size of the employer.

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When Can an Employer Deny Unpaid Time Off?

Even though employees are entitled to unpaid personal leave, there are some situations where an employer can deny the request. For example, an employer can deny unpaid time off if:

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  • The employee's request is unreasonable
  • The employee's request would cause undue hardship to the employer's business
  • The employee has already taken a lot of time off

What to Do If Your Employer Denies Your Request for Unpaid Time Off

If your employer denies your request for unpaid time off, you should first try to talk to your supervisor or manager. Explain why you need the time off and see if you can come to an agreement.

If you are not able to resolve the issue with your employer, you can file a complaint with the New York State Department of Labor.

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Frequently Asked Questions

FAQs

  • How to request unpaid time off in NYC? To request unpaid time off, you should submit a written request to your employer. The request should include the dates you are requesting off, the reason for the leave, and your contact information.

  • How long can I take unpaid time off in NYC? The amount of unpaid time off you can take depends on the reason for the leave. For example, you can take up to five days of unpaid personal leave for illness or injury.

  • Can I take unpaid time off for a vacation? Yes, you can take unpaid time off for a vacation. However, your employer is not required to approve your request.

  • What if my employer requires a doctor's note for unpaid time off? Your employer can require a doctor's note if you are taking unpaid time off for illness or injury.

  • What should I do if my employer retaliates against me for taking unpaid time off? If your employer retaliates against you for taking unpaid time off, you can file a complaint with the New York State Department of Labor.

I hope this post was helpful and informative. If you have any questions, please feel free to leave a comment below.

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Additional Tips

  • Be sure to document your request for unpaid time off.
  • Keep a copy of your employer's response.
  • If your employer denies your request, be prepared to file a complaint.

I hope this helps!

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Quick References
TitleDescription
nyc.govhttps://www.nyc.gov/doh
nypd.govhttps://www.nypd.gov
nyc.govhttps://www.nyc.gov
nycbar.orghttps://www.nycbar.org
nyc.govhttps://www.nyc.gov/finance

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