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Overview of Paid Sick Time Laws in the United States:
Westchester County, NY

Updated on July 16, 2020

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Westchester County, NY
Who is covered? Note: City/county paid sick time laws cannot cover state government workers, and city, county, and state paid sick time laws cannot cover federal government workers. Any person employed for hire by an employer in any employment within Westchester County for more than 80 hours in a calendar year. Domestic workers will receive some paid sick time. The following workers are excluded: government workers, except employees of Westchester County government not subject to a collective bargaining agreement; work study students.
Can sick time be used to care for loved ones? Yes: children; spouses; domestic partners; parents; siblings; grandchildren or grandparents; and children or parents of an employee’s spouse, domestic partner or certain household members.
How is “child” defined? A biological, adopted, foster child, legal ward or person to whom the employee stood in loco parentis or to whom the employee stood in loco parentis when that person was a minor.
Can sick time be used for specific “safe time” purposes (related to domestic violence, sexual assault, or stalking)? No. However, the Westchester County Safe Time Leave Law (effective October 30, 2019) grants workers an additional 40 hours of paid leave per year for safe time purposes.
Can sick time be used under the law to bond with a new child and/or deal with a family member’s death? Note: It is possible that other laws, such as the Family and Medical Leave Act or a state equivalent, could provide eligible workers with unpaid leave for these purposes. No.
Can sick time be used when a worker’s place of work or child’s school/place of care is closed by public health officials for a public health emergency? Yes.
Rate at which workers earn paid sick time? 1 hour for every 30 hours worked (for both paid and unpaid sick time, as described below).
Do workers have different sick time-related rights based on the size of their employer? If so, based on what employer-size threshold(s)? Yes. Workers in businesses with 5 or more workers can earn up to 40 hours of paid sick time per year. Workers in businesses with fewer than 5 workers can earn up to 40 hours of unpaid, job-protected sick time per year.
Amount of paid sick time that can be earned under the law per year? (Note: All of these paid sick time laws make it clear that these laws establish a minimum requirement, and employers can provide greater or more generous paid sick time benefits to their workers.) Workers who work for employers with 5 or more employees can earn up to 40 hours of paid sick time per year. Workers who work for employers with fewer than 5 employees can earn up to 40 hours of unpaid, job-protected sick time per year.
When do workers begin to earn paid sick time? At the commencement of employment. New employees can be required to wait 90 days before using sick time.
Does unused sick time carry forward to the subsequent year? Workers can carry over to the following year unused earned sick time but workers can only use up to 40 hours in a year.
Private Right of Action to go to Court? Yes.
Are there waivers/ exemptions for workers covered by a valid Collective Bargaining Agreement (CBA)? Any provisions of the law may be waived in a CBA as long as the waiver is explicitly stated in the CBA and as long as a comparable benefit is provided in the form of leave, additional compensation or a combination. The effective date of the law for those covered by a CBA is not until the stated expiration date of the CBA.
What Agency or Official Enforces the Law? Westchester County Department of Weights and Measures—Consumer Protection
For the statewide paid sick time laws: can cities in the state pass paid sick time laws that are broader than the state law? N/A
Statutory Citation(s) Laws of Westchester County, Chapter 585
Additional Notes Beginning on January 1, 2021, the Westchester County sick time law will be preempted—or prohibited—by New York State’s statewide sick time law. However, New York City’s sick time law will remain in effect.
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