Westchester County Issues Guidance on its Earned Sick Leave Law

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Proskauer - Law and the Workplace

As we previously reported, Westchester County, NY recently enacted an Earned Sick Leave Law (the “ESSL”), which provides eligible employees with up to 40 hours of paid leave for their own medical needs, those of a family member, or other covered reasons. The Westchester County Human Rights Commission has established a dedicated webpage regarding the ESSL, available here, which includes FAQs for employers and employees.

Notably, the FAQs indicate that the ESSL became effective on April 10, 2019 despite language in the statute indicating that the law took effect 180 days after its adoption (i.e., on March 30, 2019). Because the statue provides that existing employees begin accruing sick leave 90 days after the law takes effect, the FAQs make clear that such employees will begin to accrue sick leave on July 10, 2019. New employees begin accruing sick leave at the start of employment.

The Commission has made available a notice of employees’ rights, which can be found here. New employees must receive this notice upon commencement of employment; existing employees must receive this notice by July 10, 2019. Employers must also display a copy of the ESSL and a poster in a “conspicuous location” accessible to employees.

We will continue to report on new developments with regard to this and other paid leave laws around the country.

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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.

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