On November 5, 2018, lawmakers in Westchester County approved the “Earned Sick Leave for Certain Employees” bill.
- The law goes into effect on March 30, 2019.
- Under the law, all full-time and part-time employees who work more than 80 hours per year in Westchester County will be eligible to earn sick leave at a rate of 1 hour for every 30 hours worked, up to 40 hours per calendar year.
- For employers with five or more employees working in Westchester County, this leave must be paid at the employee’s normal rate of pay.
- Employers with fewer than five employees need only provide unpaid leave.
- Employees will be able to use sick leave for any of the following reasons:
o For an employee’s mental or physical illness, injury or health condition; an employee’s need for medical diagnosis, care or treatment of such illness, injury or health condition; or an employee’s need for preventative care;
o Care of a family member with a mental or physical illness, injury or health condition; for the family member’s need for medical diagnosis, care or treatment of such illness, injury or health condition; or for the family member’s need for preventative care;
o Care of an employee or family member when it has been determined by public health authorities that the employee’s or family member’s presence in the community may jeopardize the health of others because of his or her exposure to a communicable disease; and/or
o Closure of the employee’s place of business or a day care or elementary or secondary school attended by an employee’s child where such closure is due to a public health emergency.
- The term “family members” includes an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent; and the child or parent of an employee’s spouse, domestic partner or household member.
- Employees may be required to comply with the employer’s usual notice and procedural requirements for absences or for requesting leave.
- Employers may require documentation of the need for sick leave for absences of more than three consecutive days.
- If you have any questions concerning this or any other labor and employment matter, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.