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New York State’s Paid Sick Leave Law Preempts Westchester County’s Earned Sick Leave Law

The Westchester County Human Rights Commission (the “Commission”) has announced that the county’s Earned Sick Leave Law, which went into effect on April 10, 2019, has been preempted by New York’s Paid Sick Leave Law (“Law” or “PSLL”), which took effect on September 30, 2020. Westchester County’s law had required that eligible employees accrue one hour of sick time for every 30 hours worked, up to a maximum of 40 hours per year.

As we previously covered, the PSLL applies to all private employers and employees in New York State, and requires employers to provide up to 40 or 56 hours of paid or unpaid sick and safe time leave, depending on size and income:

  • Employers with four or fewer employees and a net income of $1 million or less in the previous tax year: Employees may accrue up to 40 hours of unpaid sick leave each calendar year.
  • Employers with four or fewer employees and a net income greater than $1 million in the previous tax year: Employees may accrue up to 40 hours of paid sick leave each calendar year.
  • Employers with between five and 99 employees: Employees may accrue up to 40 hours of paid sick leave each calendar year.
  • Employers with 100 or more employees: Employees may accrue up to 56 hours of paid sick leave each calendar year.

The Commission noted in its announcement that the Westchester County’s Safe Time Leave law, the County’s Safe Time Leave Law has not been preempted by the PSLL, and that employers must continue to comply with the Safe Time Leave Law and provide eligible employees with 40 hours of paid safe leave per year.

New York employers in Westchester County should review their time off policies to ensure compliance with the State’s PSLL and the County’s Safe Time Leave law.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 68
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About this Author

Nancy Gunzenhauser Popper Labor Employment Attorney Epstein Becker Law Firm
Member of the Firm

NANCY GUNZENHAUSER POPPER is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Ms. Popper:

  • Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace

  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment...

212-351-3758
Genevieve M. Murphy-Bradacs, Epstein Becker Law Firm, New York, Labor and Employment Litigation Attorney
Senior Counsel

Genevieve M. Murphy-Bradacs is a Senior Counsel in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Ms. Murphy-Bradacs:

  • Provides legal counsel to clients on all aspects of labor- and employment-related issues, including employee discipline; compliance with the Americans with Disabilities Act, the Family and Medical Leave Act, and anti-...

212-351-4948
Corben J. Green Associate ADA and Public Accommodations  Employment Training, Practices, and Procedures  Wage and Hour
Associate

CORBEN J. GREEN is an Associate in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green. He will be focusing his practice on disability laws, wage and hour issues, and employment training, practices, and procedures.

Mr. Green received his Juris Doctor from Columbia Law School, where he was a Harlan Fiske Stone Scholar and a Notes Editor of the Columbia Journal of Race and Law. He also participated in the school’s Lawyering in the Digital Age Clinic and Domestic Violence Project and...

212-351-4583
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