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2020 MEMBERSHIP DIRECTORY & SERVICES GUIDE HOT TOPICS

WESTCHESTER ENACTS PAID “SAFE” TIME ORDINANCE

Westchester County has enacted a new ordinance, the “Safe Time Leave Law,”that, beginning October 30, 2019, required 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 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, the paid safe time lawdoes not allowemployers to set aminimum 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 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.

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