GNYADA June 2019 Newsletter

Westchester Earned Sick Leave Goes into Effect 11

As of April 10, 2019, Westchester businesses with five or more employees are required to provide paid sick leave. The law covers employees that work within Westchester County for more than 80 hours in a calendar year. Employees will accrue one leave hour for every 30 hours worked. Accrual will start when employment begins or 90 days after the law goes into effect, whichever is later. Employees will be entitled to use up to 40 accrued paid leave hours in a year, unless the employer allows a higher limit.

of the absence. For absences that span more than three consecutive workdays, employees may be required to provide reasonable documentation that the time off was used for a covered purpose. All employees must be given a copy of the law and written notice of how it applies to them within 90 days of the law’s effective date, and all new hires must be given the same documentation upon hire. Employers must post a copy of the law and a poster conspicuously for employees. These must be in English, Spanish and any other language deemed appropriate by the county. An employer that willfully violates the notice and posting requirements may be subject to a fine of up to $500. permission to disclose the information or a law requires disclosure. Moreover, employers must keep health or safety information on a separate form in a separate file from other personnel information. Employer Notice Requirements Employers must provide employees with a copy of the law and written notice of how it applies to them within 90 days of the law’s effective date or at the time of hire, whichever is later. Additionally, at the time the law goes into effect, employers must conspicuously display a copy of the law and a poster in English, Spanish, and any other language the county deems appropriate. Employers that willfully violate the notice and posting requirements may be fined up to $500 for each separate offense.

n the care of an employee or family member when public health authorities determine 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; the closure of an employee’s place of business due to a public health emergency; or the closure of day care, elementary, or secondary school attended by an employee’s child due to a public health emergency. When the use of earned sick time is foreseeable, employees should provide advanced notice that does not unduly disrupt an employer’s operation. If possible, the request should include the expected duration n n the paid safe time law does not allow employers to set a minimum increment of use, so employees solely determine how much leave they will use for a covered absence. Employee Notice and Documentation Requirements To take paid safe time, an employee must make a request verbally, in writing, via electronic means, or by any other means acceptable to an employer. Regardless of the duration of leave, an employer may require an employee to provide reasonable documentation that leave was used for a covered purpose, which may include a court appearance ticket. Employers must keep confidential the information they receive unless the employee provides written

Leave may be taken for:

the employee’s or a family member’s mental or physical illness, injury or health condition, or preventative medical care;

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Westchester Enacts Paid “Safe” Time Ordinance

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Westchester County has enacted a new ordinance, the “Safe Time Leave Law,” that, beginning October 30, 2019, will require all private employers to provide up to 40 hours of paid leave for victims of domestic violence and human trafficking. Covered Uses The law allows eligible employees who are victims of domestic violence or human trafficking to use up to 40 hours of paid safe time in a year (calendar year or any consecutive 12- month period defined by an employer) to: attend or testify in criminal or civil court proceedings related to domestic violence or human trafficking; or move to a safe location. Unlike the paid sick leave ordinance, n n

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Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • June 2019