Employers with five or more employees who are hired to work more than 80 hours a calendar year in Westchester County must provide paid sick leave. Employers with less than five employees must provide unpaid sick leave.
Eligible employees are entitled to up to 40 hours of sick leave annually, either on an accrual basis or granted upfront by the employer.
The Westchester County Earned Sick Leave Law Notice of Employee Rights outlines the acceptable reasons to use sick leave and defines "family member" under the statute. As a best practice, the acceptable reasons for leave under the law should be indicated in any employee handbook and/or as part of the company's PTO policy.
Employers are required to provide the Notice to all employees upon hire.
Setting up a compliant policy
Employers are required to set up a policy that meets the minimum Westchester County requirements and document the policy in a written form. Westchester County's Earned Sick Leave Law outlines the different methods for accruing and paying sick leave time that will satisfy the law’s requirements, which you can read more about here.
Setting up a “front-load” policy may be the most administratively simple approach. In a “front-load” approach, you grant the minimum upfront amount required under the laws of your jurisdiction. You can set up a policy in Justworks by following the directions here.
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.