Beginning on Oct. 30, 2019, Westchester County in New York will require employers to offer their employees paid leave to attend court proceedings or to relocate to a safe location if they are victims of domestic violence or human trafficking.
This new leave, required under the Safe Time Leave Law, must be provided to employees in addition to the Westchester County Earned Sick Leave. The table below provides a summary of this new law.
| Which Employees and Employers are Covered? | Employees who are employed by an employer in Westchester County for more than 90 days.All employers, with limited exceptions. |
| Must an Employer Compensate Leave? | Yes. |
| How Much Leave May an Employee Use? | 40 hours in any year, which can be used in full days or increments. |
| Which Life Events Qualify for Leave? | For victims of domestic violence or human trafficking, to attend or testify in court proceedings relating to domestic violence or human trafficking and to move to a safe location. |
| Are Employers Required to Post or Provide Employees with Notices About the Law? | Yes. At the beginning of an employee’s employment, or within 90 days of the effective date of the law (whichever is later), employers must give employees a copy of the Safe Time Leave Law and written notice of how the law applies to that employee. Employers must also display a copy of the law and a poster in English, Spanish and any other language deemed appropriate by the County of Westchester, in a conspicuous place accessible to employees. |
| May Employers Require Notice When Employees Use Leave? | Yes. When the use of leave is foreseeable, employees must make a good faith effort to provide advance notice to the employer, and if possible, make a reasonable effort to schedule the leave in a manner that does not unduly disrupt the employer’s operations. |
| May Employers Require Documentation? | Yes. Reasonable documentation that leave has been used for a purpose covered by the law may be required, and may include: A court appearance ticket or subpoenaA copy of a police reportAn affidavit from an attorney involved in the court proceeding An affidavit from an organization known to provide assistance to victims of domestic violence and trafficking victims. |
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