Westchester County, NY Enacts New Sick Leave Law
All Employers with Employees in Westchester County
April 10, 2019
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On October 12, 2018, Westchester County adopted the Earned Sick Leave Law (ESLL) requiring private employers with 5 or more employees (or one or more domestic workers) to provide paid sick leave, and employers with 4 or less employees to provide unpaid sick leave. Key portions of the ESLL are described as follows:
|Eligibility||Employees working in Westchester County for more than 80 hours in a calendar year. Individuals in work study programs, work experience programs, and certain scholarship recipients are excluded.
Note that there are also restrictions as to when the ESLL applies to employees covered by a collective bargaining agreement.
|Accrual Rate||Employees accrue one hour for every 30 hours worked. Domestic workers accrue one hour for every 7 days worked. Note that sick leave accrual starts when employment begins or 90 days after the law goes into effect, whichever is later.
The ESLL is silent on whether sick leave can be front loaded.
|Accrual Cap||40 hours per year|
|Accrual Carryover||Accrued leave may carry over “provided that the maximum amount of sick leave for any given year remains at forty (40) hours.”|
|Usage||New employees can begin using sick leave 90 days after hire.|
|Notice Requirements||Employers must provide a copy of the ESLL upon hire (and to existing employees within 90 days from when the ESLL is effective) and written notice of how the law applies to employees. Employers must also post a copy of the ESLL in a conspicuous location accessible to employees. The County will designate the languages required to be posted, in addition to English and Spanish.|
|Reinstatement||Upon rehire within 9 months of separation, sick leave balances must be reinstated.|
Employers must implement a sick leave policy, including employee notice requirements and procedures. Employers may require reasonable documentation (e.g., doctor’s note) for sick leave used for more than three consecutive work days. Employers may not discriminate or retaliate against any employees for using sick leave. Sick leave records must be retained for at least 3 years.
- Review the text of the Earned Sick Leave Law here.
- Prepare for implementation of the new PSL requirements, including having employee handbooks, policies, and payroll practices updated.
- Have managers trained on sick leave use and notice requirements.
- Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2018 ManagEase
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