October 22, 2019

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Westchester County Issues Guidance on its Earned Sick Leave Law

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.

© 2019 Proskauer Rose LLP.

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About this Author

Harris M Mufson, Class/Collective Action Attorney, Proskauer
Senior Counsel

Harris Mufson is a senior associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration and Whistleblowing & Retaliation Groups.

Adept at counseling clients at every turn of the litigation process, Harris represents employers in a variety of industries, including financial services, health care, entertainment, sports and legal, with respect to a wide range of labor and employment law matters. These include compensation disputes, employment discrimination and retaliation, whistleblowing,...

212-969-3794
Arielle Kobetz, Proskauer Law Firm, Labor and Employment Attorney
Associate

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues. 

212-969-3304