In April 2019, Westchester County enacted the Earned Sick Leave Law (“ESLL”). Under the ESLL, eligible covered employees are entitled to earn sick leave at the rate of one hour of leave for every thirty hours worked. Read the Frequently Asked Questions.
Below is an additional question and answer as it regards to the ESLL and specifically pertains to COVID-19:
Q: I am not sick but my child’s school has been closed. Can I use earned sick leave under the ESLL?
A: Yes. Provided you are a covered employee under the ESLL, you can use accrued leave to care for your child when their day-care, elementary or secondary school is closed due to a public health emergency. Governor Cuomo has announced a public health emergency in New York State. Individuals can file a complaint under the ESLL with the Westchester County Department of Consumer Protection. You may also opt to send an e-mail to .
It is important to note that the Federal government and New York State recently enacted legislation regarding sick leave connected to COVID-19. Review the information carefully:
New York State
Some employers in New York State are now required to provide at least five days of job protected, paid sick leave to employees who need to take leave because they or their minor dependent child are under a mandatory or precautionary order of quarantine or isolation due to COVID-19. The amount of paid sick leave an employer is required to provide depends on the number of employees they have and the employer’s net annual income.
Frequently Asked Questions are outlined on New York State Paid Family Leave Law.
Individuals may also call the Paid Family Leave Helpline at (844) 337-6303 from 8:30 a.m. to 4:30 p.m. on weekdays.
Federal
The Families First Coronavirus Response Act (FFCRA) requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The United States Department of Labor’s Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date in April 2020 through December 31, 2020. The Families First Coronavirus Response Act details the Employer Paid Leave Requirements.
Leave under the Federal Family and Medical Leave Act
Eligible covered employees may take job-protected leave under the Family and Medical Leave Act (FMLA) for certain family and medical reasons which could include COVID-19 issues. The United States Department of Labor has jurisdiction over matters involving the FMLA. Its office recently issued Frequently Asked Questions on FMLA and the pandemic.