Westchester County's mandatory Earned Sick Leave Law is now in effect, prompting the County to publish a Notice of Employee Rights that must be provided to all new employees upon commencement of employment and to all existing employees on or before July 10, 2019. As further guidance on the new law, the County has also used issued FAQs for employees and for employers. Westchester County employers are encouraged to review their current sick leave policies and to consult with legal counsel to ensure compliance with the new law.

The County enacted its mandatory paid sick leave law in November 2018, as explained in our previous alert. Regarding paid sick time calculations, Westchester’s Earned Sick Leave Law requires employers with five (5) or more employees to provide at least one (1) hour of paid sick time for every 30 hours worked, but no more than 40 hours of mandated paid sick time per year. Employers with fewer than five employees must provide the same amount of unpaid sick time. The law covers full- and part-time employees in Westchester County who work more than 80 hours in a calendar year.

Our November 2018 alert also details the new law's requirements for providing notice to employees, qualifying uses for taking time, health and safety related documentation and key recordkeeping obligations.

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