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

Updated on October 26, 2018

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Westchester County, NY
Who is covered? 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: child; spouse; domestic partner; parents; sibling; grandchild or grandparent; and the child or parent 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
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
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’ rights differ based on whether an employer has: fewer than 5 workers; 5 or more workers, or whether an employee is a domestic worker.
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 sick time per year.
When do workers begin to earn paid sick time? At the commencement of employment or 90 days after the law goes into effect, whichever is later. 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) Chapter 585 Earned Sick Leave Law (to be codified under the Laws of Westchester County Article III, Chapter 700)
Additional Notes On October 1, 2018, the Westchester Board of Legislators passed a paid sick time law, making Westchester County the second jurisdiction in New York State to do so.
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