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Safe Time Leave for Victim of Domestic Violence and Human Trafficking
Westchester County’s Safe Time Leave Law, has been passed to provide employees the right to use paid leave to attend or testify in criminal or civil court proceedings relating to domestic violence or human trafficking or to move to a safe location. Leave under the new ordinance will be in addition to paid time off already required to be provided to employees under the Westchester County paid sick leave law, which took effect on April 10, 2019.
Definition
Covered Employees
The Safe Time Leave Law covers employees who work in Westchester County for a covered employer, on a full-time or part-time basis, for more than 90 days in a calendar year. Westchester County government must comply with the Safe Time Leave Law with respect to its employees that are not subject to a collective bargaining agreement and that meet the eligibility requirements in the law. Newly or recently hired employees become eligible to take safe time leave 90 days after the first date of employment.
Leave Entitlement
Covered employees may take up to 40 hours of paid leave in any calendar year or “year” as determined by the employer. Safe time leave must be paid at the hourly rate the employee normally earns during hours worked.
Reasons to Take Leave
Required Documents
An employer may require the employee to provide reasonable documentation that the safe time leave has been used for a purpose covered by the Safe Time Leave Law. Such documentation may include a court appearance ticket or subpoena, a copy of a police report, an affidavit from an attorney involved in the proceeding, or an affidavit from an authorized person from a reputable organization known to provide assistance to victims of domestic violence or human trafficking. Any information about an employee or family member shall be treated as confidential.
Violation
If it is determined that a violation has occurred any of the following penalties can be imposed and any other penalties as may be provided:
The Safe Time Leave Law goes into effect on October 30, 2019.