Westchester County, NY: Paid Safe Time Ordinance Adds New Protected, Paid Leave

APPLIES TO

All Employers with Westchester County Employees

EFFECTIVE

October 30, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Employers with employees in Westchester County should already be familiar with the local Earned Sick Leave Law, which outlines provisions for paid or unpaid sick leave.  A new ordinance, the “Safe Time Leave Law,” will require private employers to provide additional paid, job-protected leave for victims of domestic violence and human trafficking.

Qualification Description
Eligibility Full or part-time employees who are victims of domestic violence or human trafficking, and have been employed in Westchester County for more than 90 days in one calendar year.
Benefit Amount 40 hours of paid leave time per year (defined as calendar year or any consecutive 12-month period defined by employer).
Usage Time off may be used to (1) attend to or testify in criminal or civil court proceedings related to domestic violence or human trafficking, or (2) move to a safe location.

Employees may request use of paid safe time verbally, in writing, by electronic means, or any other method acceptable to employer.  No minimum increment of time off is indicated; employees may determine how much leave time they will use for a covered absence.

Documentation Employers may require employees to provide reasonable documentation that the leave was used for a qualifying purpose.  Examples of documentation include:

·         Court appearance ticket or subpoena

·         Copy of policy report

·         Affidavit from an attorney involved in the court proceeding

·         Affidavit from a reputable organization known to provide assistance to victims of domestic violence and/or human trafficking

Notice Requirements Employers must provide employees with a written copy of the ordinance and how it applies to them within 90 days of the ordinance’s effective date, or at time of hire, whichever is later.

Employers are also required to conspicuously display a copy of the ordinance and a poster in English, Spanish, and any other language required by the County.

Action Items

  1. Prepare for implementation of the new safe time requirements, including having employee handbooks and policies updated.
  2. Look for new workplace posting when made available by Westchester County.
  3. Have managers trained on safe leave use and notice requirements.
  4. 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.

© 2019 ManagEase

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