
As New York City continues to identify COVID-19 cases, officials are urging people to take advantage of the city's paid sick leave law. Over the last few weeks, Mayor de Blasio has used his regular coronavirus updates as an opportunity to remind people about the law and urging those with flu-like symptoms to stay at home.
But people can't use what they don't know about, and some restaurant workers say they're either confused by the law or otherwise pressured not to take advantage of it.
Since 2014, New York City has required employers to offer at least 5 days of paid sick time to full-time, part-time and most contract workers. That includes food service workers, including those who make most of their money from tips. But that assumes that they know about the law and how it applies to them in the first place.
"It's not clear if it's contingent upon the business to let their employees know 'hey this is a thing that you're entitled to,' or contingent upon the employees to know their rights," said bartender Theodora Boguszewski.
Server Lexie Barverman said, "I was getting points toward it, but I actually didn't know it existed for the first eight, nine months of working."
In addition, some food service workers say employers sometimes use tactics just shy of firing to dissuade people from asking for sick leave, like drastically reducing their hours.
"Why would they accommodate me in that way when there is someone who would be willing to come to work anyway, or who's just not sick?" said bartender and ROC United organizer Portia Green.
A recent survey of low-wage workers by the Community Service Society found that 60 percent of people knew little-to-nothing about the law. While there was a flurry of advertising and public awareness campaigns by the city when it was first rolled out in 2014, some advocates say the city has gotten lax about raising awareness over the years.
"Most enforcement is driven by worker complaints," said Nancy Rankin, vice-president of policy research and advocacy for the Community Service Society. "But you can't complain that you don't have paid sick days if you don't know that you have a right to them."
The city council is currently considering launching a new awareness campaign about the sick leave law. In a statement, Department of Consumer Affairs and Worker Protection commissioner Lorelei Salas said in light of the coronavirus outbreak, workers who are feeling ill should use paid sick leave, and employers should afford them extra time if needed.