Westchester County, NY Earned Sick Leave Law
Effective April 10, 2019, private employers with five or more employees, or one or more domestic workers, will be required to provide employees with paid sick leave. Private employers with less than five employees must provide unpaid sick time. The law covers employees that work within Westchester County for more than 80 hours in a calendar year. Employees will accrue one hour of sick time for every 30 hours worked, up to a maximum of 40 hours of earned sick leave in a year. Domestic workers will accrue one leave hour for every seven days worked.
Leave may be taken for:
- the employee’s or a family member’s mental or physical illness, injury, or health condition, or for preventative care;
- the care of the employee or a family member with a communicable disease where a public health official has determined that the person’s presence in the community presents a danger to others; and
- the closure of the employee’s place of business, or school or care center attended by the employee’s child, due to a public health emergency.
If the use is foreseeable, employees should schedule leave in a manner that does not unduly disrupt the employer’s operation. The employee should also include the expected duration of the absence. For absences that span more than three consecutive work days, employees may be required to provide reasonable documentation that the time off was used for a covered purpose.
Employers must provide all employees with a copy of the law and a written notice of how it applies to them within 90 days of the law’s effective date, and all new hires must be given the same documentation upon hire. Employers must post a copy of the law and the Notice to Employees Rights that the County of Westchester created in a conspicuous location accessible to the employees. An employer that willfully violates the notice and posting requirements may be subject to a fine of up to $500. Aggrieved employees may file a lawsuit or a complaint with the Westchester County Department of Weights and Measures – Consumer Protection within one year of the alleged violation.
The Westchester County, NY Earned Sick Leave Leave poster includes the mandatory text of the law and the Notice to Employees Rights.