New York’s Westchester County Issues FAQs and Notice of Employee Rights as Earned Sick Leave Law Goes into Effect

by Epstein Becker & Green

Epstein Becker & Green

Westchester County, New York’s Earned Sick Leave Law (“ESLL” or “Law”) went into effect on April 10, 2019. To assist employers with implementing their obligations under the Law, and advise employees of their rights, the county has published on its website Employer FAQs, Employee FAQs, and a Notice of Employee Rights, which employers may download and use to fulfill part of the ESLL’s notice requirement. Employers must comply with the Law’s notice obligations by July 1, 2019. The required workplace poster does not yet appear on the ESLL website.

As we previously reported, the ESLL requires that covered employees of an employer with five or more employees earn up to 40 hours of paid sick time in a consecutive 12-month period. Employers with fewer than five employees must provide up to 40 hours of unpaid sick leave. However, pursuant to the 90-day delay period built into the Law, covered employees do not begin to accrue earned sick leave—one hour of leave for every 30 hours worked—until July 10, 2019 (or on the date of first employment, if hired after July 10, 2019).

The Employer and Employee FAQs are useful as a quick review of the basics, but they do not provide a great deal of detail, and the information that is provided is not always clear. The Employer and Employee FAQs also leave unresolved an important coverage question, as described below.

Employer FAQs

(Note: The following analysis of the information contained in the Employer FAQs also applies to the Employee FAQs and Notice of Employee Rights, unless otherwise stated.)

The Employer FAQs reiterate a number of important aspects of the ESLL, including the following:

  • Employees may use ESLL time to care for their own or a family member’s illness or medical condition, or when their place of employment or their child’s school closes dues to a public emergency. The definitions of “family member” and “child” are quite broad (as we describe here, at footnote #3).
  • To avoid the work involved in calculating the accrual of earned sick time for each covered employee, an employer can instead “frontload” leave benefits, that is, provide for sick time and personal time equal to 40 hours or more at the beginning of “the employer’s year.” Though most employers begin their benefits year on January 1, the Employer FAQs reiterate that they are not mandated to do so, and may use any consecutive 12-month period (e.g., the employee’s anniversary). (This information is included only in the Employer FAQs.)
  • An employer may require employees to provide notice of the need to use accrued sick time, but only if the employer has provided them with a written policy describing the procedure they must follow to provide such notice. The Employer FAQs further state that an employer’s policy may direct employees to give advance notice when the need to use ESLL leave is foreseeable. When the need is not foreseeable, the employer may require that notice be given “as soon as practicable.”
  • Employers may require documentation from a health care provider if an employee uses more than three consecutive workdays as sick leave. However, an employer may not require the health care provider to specify the medical reason for sick leave.
  • Employers must keep records “clearly documenting the hours worked by employees, earned sick time accrued, and earned sick time used, for a period of three years.” An employer’s failure to maintain proper records creates a “rebuttable presumption” that the employer has violated the ESLL. (This information is included only in the Employer FAQs.)
  • Employees may file a complaint with the Westchester County Department of Consumer Protection if their employer fails to comply with any aspect of the Law.

Incomplete and Confusing Information Contained in the Employer and Employee FAQs

In their brevity, the Employer and Employee FAQs and Notice of Employee Rights provide incomplete and, as a result, confusing information on several issues. To wit:

  • Employee Coverage: The Law covers employees who work within Westchester County for more than 80 hours in a calendar year, and excludes participants in certain work study and scholarship programs. Although this information is contained in the Employer and Employee FAQs (which many employees probably will not read), it is not included in the Notice of Employee Rights and, thus, may lead some unqualified employees to mistakenly believe that they are covered by the ESLL.
  • Notice to Employees: Consistent with the Law, the Employer FAQs advise that employers must provide their employees with a copy of the ESLL, in addition to the written Notice of Employee Rights. However, the Notice of Employee Rights reiterates that employers must give employees the Notice, but then states that employers need only “display” a copy of the Law, along with a poster (which apparently is not yet offered by the county) in a conspicuous location available to all employees.[1] The Employee FAQs merely advise that the employer must provide the Notice of Employee Rights.

Unless and until the county reconciles the conflicting documents, employers may wish to err on the side of caution and provide employees with a copy of the ESLL, along with the Notice of Employee Rights.[2]

  • Carryover: While the Employer FAQs advise that an employee may carry over a maximum of 40 hours of unused sick leave to the next calendar year, they—and the Employee FAQs—fail to add that an employer need not allow employees to use more than 40 hours per year of ESLL leave. Fortunately, this information is included in the Notice of Employee Rights, but employers may receive employee inquiries on this point.
  • Waiting Period: Under the Law, an employer may require new employees to wait 90 days prior to using their accrued sick time. While the Employer and Employee FAQs advise that accrual begins on July 1, 2019, they do not mention the 90-day waiting period for new workers. Although this information is contained in the Notice of Employee Rights, its absence from the other informational materials may cause confusion for employers.
  • Retaliation: Oddly, the Employer FAQs do not reference the Law’s broad ban on retaliation, although such information is contained in the Employee FAQs and the Notice of Employee Rights. Employers should ensure that they fully understand the Law’s extensive prohibition on retaliation.
  • Employee Threshold: As noted above, the ESLL mandates that employers with five or more employees provide paid sick leave, while those with fewer than five employees must grant their employees unpaid leave. However, the Law does not address whether the employee threshold is based only on employees working in Westchester County, or if, instead, employers must also count employees at other locations in New York State—or nationwide—in determining whether they meet the threshold for triggering the paid leave mandate.

Unfortunately, neither the Employer and Employee FAQs nor the Notice of Employee Rights addresses this issue. Accordingly, until the county clarifies this matter, employers may wish to consult counsel if they have any questions about whether they satisfy the threshold for paid leave.

What Employers in Westchester County Should Do Now

Aside from the specific suggestions offered herein, the most important takeaway for employers with employees in Westchester County is this: Do not rely solely on the Employer and Employee FAQs and Notice of Employee Rights when determining rights and obligations under the ESLL! As discussed, the county’s informational materials could be clearer and appear to be inconsistent on certain points. Instead, employers should do the following:

  • Rely on trusted, comprehensive resources, e.g., read the ESLL or a detailed explanation of the Law, and/or seek the advice of counsel.
  • If you are not already offering sick time to employees, provide it, and/or if you do not yet have a compliant policy, create one, as the Law is now in effect.
  • Be mindful that if your existing sick time policy applies only to full-time employees, you’ll need to maintain a separate policy for any part-time or temporary employees.
  • Ensure that all relevant staff, including supervisory and human resources personnel, understand the company’s rights and responsibilities under the ESLL, including the various notice and detailed recordkeeping requirements.


[1] The Notice of Employee Rights states that employers must display a copy of the Law and a poster “in English, Spanish and any other language deemed appropriate by the County of Westchester.” As of this writing, the county has not yet provided a version of the Notice of Employee Rights in Spanish or any other language.

[2] An earlier version of the Employer FAQs released on April 10, 2019, advised that new hires starting after April 10, 2019, would need to receive the Notice of Employee Rights immediately. The Employer FAQs have subsequently been updated to reflect that the earliest any employee (whether that employee is newly hired or not) needs to receive the Notice of Employee Rights is July 10, 2019.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Epstein Becker & Green | Attorney Advertising

Written by:

Epstein Becker & Green

Epstein Becker & Green on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.