Earned Sick Leave Law in Westchester County, NY

As of April 10, 2019, certain employers in Westchester County must comply with the new Earned Sick Leave Law. The Earned Sick Leave (ESL) notice states that employers with 5 or more employees in Westchester County must provide paid sick leave.

Need-to-Know Info for Employers and Employees

Who Is Covered Under the Law?

The Earned Sick Leave Law applies to all full-time and part-time employees who work more than 80 hours in the county in a calendar year. Employees in the subsidized private sector and non-profit sector are also covered by the law.

What Are the Accrual Rates for Earned Sick Leave?

Employees accrue Earned Sick Leave at a rate of 1 hour for every 30 worked, up to a total of 40 hours per year.

Accrual of leave begins on July 10, 2019, or an employee’s first day of employment, whichever is later. However, employers have the right to delay the use of ESL until an employee has worked for them for 90 days.

When May Earned Sick Leave Be Used?

Covered employees have the right to use sick leave for their own care and treatment or the care and treatment of a family member. Leave may be used for:

  • The employee’s own mental or physical illness, injury, or health condition
  • A family member’s mental or physical illness, injury, or health condition
  • The closing of an employer’s business due to a public health emergency
  • The care of a child whose school or childcare facility is closed due to a public health emergency

Does the Law Include Retaliation Protections?

Under the law, employees have the right to be free from retaliation by an employer for using Earned Sick Leave.

Those who believe their rights have been violated are encouraged to contact the Westchester County Department of Consumer Protection. The Earned Sick Leave notice includes a phone number (914-995-2155) and a website (https://consumer.westchestergov.com) for the department.

Questions about the law may also be emailed to the Westchester County Human Rights Commission (HRC-Inquiries@westchestergov.com).

What Are the Notice Requirements of the Law?

The Earned Sick Leave notice must be posted in both English and Spanish. Employers should be aware that the Spanish version of the notice has not yet been issued by the county. Our contact at the county agency has informed us that the notice should be available soon. When the Spanish notice has been issued, we will update our poster and get the new version out to customers in Westchester County.

In addition, employers must provide a copy of the Earned Sick Leave Law and the Notice of Employee Rights to all employees on July 10, 2019, or their first day of employment.

We Can Keep You in Compliance

If you have not already done so, we encourage you to order our City/County Poster 1-Year Plan so that you will automatically receive the Westchester County poster. And because we provide free poster updates for mandatory changes, no matter how many occur during the plan year, you can always count on Poster Compliance Center to keep your business in compliance!