Westchester County Sick Leave Takes Effect

On April 10, 2019, Westchester County’s Earned Sick Leave Law (ESLL) went into effect. The law generally requires employers with five or more employees to allow employees to earn and use paid sick leave. Employers with fewer than five employees must allow employees to earn and use unpaid sick leave. For purposes of the ESLL, an employee means any person who meets all three of these criteria:

  • Is employed for hire by an employer in any employment within Westchester County
  • Works for more than 80 hours in a calendar year
  • Performs work on a full-time or part-time basis (including domestic workers)

There are certain exclusions for some employees covered by a collective bargaining agreement.

As background, County Executive Latimer signed the Westchester County ESLL on October 12, 2018. The law provides that eligible employees are entitled to accrue a minimum of one hour of sick leave for every thirty hours worked, up to a maximum of 40 hours of sick leave in a given year. Such employees may begin to accrue sick leave at the commencement of employment or 90 days after the ESLL’s effective date, whichever is later. So, employers must begin to allow eligible existing employees who work in Westchester County to begin accruing sick leave as of July 10, 2019.

The law includes a notice requirement that requires employers to provide employees with a copy of the law and written notice of how the law applies to them. Employers must also display a copy of the law in a conspicuous office location in English, Spanish, and any other language deemed appropriate by the County of Westchester.

Employers with employees in Westchester County should be sure that their sick leave and paid time policies satisfy the minimum standards in accordance with ESLL and be prepared to begin tracking the earned sick time of employees working in Westchester County as of July 10, 2019.

Earned Sick Leave Law »
Earned Sick Leave Law Notice »
Earned Sick Leave Employer FAQs »