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 on July 10, 2019 or at the start of employment, whichever is later.

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.

Photo of Arielle E. Kobetz Arielle E. Kobetz

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations…

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations and discipline, leave and accommodation requests, and general employee relations matters. She also counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising employee handbooks under federal, state and local law.

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.