Westchester County
New York

Local Law
LL-2019-3

Safe Leave Time

Information

Department:Board of LegislatorsSponsors:D9 Legislator Catherine Borgia, D7 Legislator Catherine Parker, D8 Legislator (Vice Chair) Alfreda Williams, Majority Leader MaryJane Shimsky, D6 Legislator Nancy Barr, D2 Legislator Kitley Covill, D11 Legislator Terry A. Clements, Minority Leader Margaret A Cunzio, D10 Legislator Damon Maher, D5 Legislator (Chairman) Benjamin Boykin, D14 Legislator David J. Tubiolo
Category:Proposed Local Law

Body

A LOCAL LAW amending the Laws of Westchester County to add a new Chapter 586 which will provide safe time leave for victims of domestic violence.

Meeting History

Sep 17, 2018 7:00 PM Video Board of Legislators Regular Meeting

On motion of Ms. Parker the above item was received, filed and referred to the Committees on Legislation, Budget & Appropriations, Social Services and Labor & Housing.

RESULT:REFERRED TO COMMITTEE
Jan 23, 2019 1:00 PM Video Legislation Committee Meeting

Linda Trentacoste of the Law Department began the discussion of the proposed Local Law- Safe Leave. She was joined by Jen Puja, Labor Council Director, WPCLB, Maria Kercado, 1199 SEIU, CarlLa Horton, Executive Director, Hope's Door, Tasha Young, My Sister's Place and Marcella Kocolatos, A Better Balance.

Ms. Trentacoste began by stating that this was originally part of the Sick Leave Local Law but the Committees, the Law Department and the advocates felt that this issue goes above and beyond what the Sick Leave legislation addressed as well as what the victims may need. The intention of the law is to provide job and wage security for people when they are at the most difficult moments of their lives. It was discussed that victims of domestic violence find themselves in fragile situations of uncertainty with fear for themselves and the safety of their families. During these times victims sometimes need to relocate or attend criminal and court proceedings. Ms. Young noted that currently there no laws which would protect victims from losing their jobs. Legislator Covill discussed that the VAWA- Violence Against Women Act has expired and they were looking into finding more information and how would it affect the legislation. They mentioned that they would address this topic at a later date. Legislator Borgia asked, what happens now if a victim is dealing with a domestic violence situation. Tasha Young explained that as stated there is no legal protection and her organization was looking to partner with local governments. She noted that most victims have repeated absences, and very rarely inform the employer of what is actually going on in their lives for fear of losing their job. There was a discussion concerning the current language which has not addressed documentation for employers and is silent on whether it covers part time employees and the size of the business.

A discussion was held as to whether to mimic the language of the Sick Leave and will the 40 hours be enough. Legislator Burrows and Legislator Covill noted that a court proceeding requires time off above and beyond what is allotted in the Sick Leave legislation.

Legislator Borgia asked about what documentation would be necessary to show employers? The members discussed possible options. Marcella Kocolatos from A Better Balance discussed possible language additions to address the documentation required for employers.

Legislator Tubiolo asked if they could get statistics on how many people receive services. It was mentioned that a request has been submitted to the Office of Women, and Legislator Covill will reach out to the Department of Social Services. Tanya Young from My Sister's Place asked when revising the language could the committee consider including Labor Trafficking and Human Trafficking.

The members discussed enforcement. Legislator Covill stated she had spoken to Jim Masiano and the Department of Consumer Affairs agreed to hold the hearings but she didn't know who will take the complaints.

Jenn Puja from AFL-CIO spoke on the how her coalition was very involved in the Sick Leave Legislation and that they are very in favor of Safe Leave Legislation. She said with this Legislation in place it will help those who have not come forward. She discussed the coalition works with My Sister's Place and Hope's Door, and this is a good resource for Labor to have. Legislator Borgia asked how the time off is covered by some Collective Bargaining Agreements. Maria Kercado from 1199 discussed that some agreements have specifically addressed how to handle this issue. Legal situations do not supersede the agreement. She mentioned that some agreements do specifically speak to Sick Leave.

There was a short discussion on including human trafficking in the legislation.

No action was taken.

http://westchestercountyny.iqm2.com/Citizens/default.aspx

RESULT:PENDING
Jan 23, 2019 1:01 PM  Budget & Appropriations Committee Meeting

Linda Trentacoste from the Law Department came to discuss the proposed Local Law- Safe Leave. She was joined by Jen Puja, Labor Council Director, WPCLB, Maria Kercado, 1199 SEIU, CarlLa Horton, Executive Director, Hope's Door, Tasha Young, My Sister's Place and Marcella Kocolatos, A Better Balance. Ms. Trentacoste began by stating that this was originally part of the Sick Leave Local Law but the Committees, the Law Department and the advocates felt that this issue goes above and beyond what the Sick Leave Legislation addresses and what the victim may need. The intention of the law is to provide job and wage security for people when they are at the most moments of their lives. It was discussed that victims of domestic violence find themselves in fragile situations of uncertainty with fear for the safety of themselves and family members. During these times victims need to sometimes relocate or attend criminal and court proceedings. Currently there is no legal protection for the victims protecting them from losing their jobs. Legislator Covill discussed that the VAWA- Violence Against Women Act has expired and they were looking into finding more information and how would it affect the legislation. They mentioned that they would address this topic at a later date. Chairwoman Borgia asked, what happens now if a victim is dealing with a domestic violence situation. Tasha Young explained that as stated there is no legal protection and her organization was looking to partner with local governments. She discussed that most victims have repeated absences, and very rarely inform the employer of what is actually going on in their lives for fear of losing their job. It was discussed that the current language has not addressed documentation for employers; silent of whether is covers part time employees and the size of the business. Discussion was held on if we mimic the language of the Sick Leave, will the 40 hours be enough. Legislator Burrows and Legislator Covill discussed that court a proceeding requires time off above and beyond what is allotted in the Sick Leave Legislation.

Chairwomen Borgia asked about what documentation would be necessary to show employers? The members discussed possible options. Marcella Kocolatos from A Better Balance discussed possible language additions to address the documentation required for employers.

Legislator Tubiolo asked if they could get statistic on how many people receive services. It was mentioned that a requests has been submitted to the Office of Women, and Legislator Covill will reach out to the Department of Social Services. Tanya Young from My Sister's Place asked when revising the language could the committee consider including Labor Trafficking and Human Trafficking.

The members discussed enforcement. The Department of Consumer Affairs agreed to hold the hearings but who will take the complaints?

Jenn Puja from AFL-CIO spoke on the how her coalition was very involved in the Sick Leave Legislation and that they are very in favor of Safe Leave Legislation. She spoke with this Legislation in place it will help those who have not come forward. She discussed the coalition works with My Sister's Place and Hope's Door, and this is a good resource for Labor to have. Chairwoman Borgia asked how the time off is covered by some Collective Bargaining Agreements. Maria Kercado from 1199 discussed that some agreements have specifically addressed how to handle. Legal situation do not supersede the agreement however, there a grievance procedure specifically addressing what to do up to arbitration. She mentioned the some agreements do specifically speak to Sick Leave. Legislator Maher asked where the State stand on this topic does. They discussed that there is not a Bill currently in the works for Safe Leave. No action was taken.

RESULT:PENDING
Jan 23, 2019 1:02 PM  Labor & Housing Committee Meeting

Linda Trentacoste from the Law Department came to discuss the proposed Local Law- Safe Leave. She was joined by Jen Puja, Labor Council Director, WPCLB, Maria Kercado, 1199 SEIU, CarlLa Horton, Executive Director, Hope's Door, Tasha Young, My Sister's Place and Marcella Kocolatos, A Better Balance. Ms. Trentacoste began by stating that this was originally part of the Sick Leave Local Law but the Committees, the Law Department and the advocates felt that this issue goes above and beyond what the Sick Leave Legislation addresses and what the victim may need. The intention of the law is to provide job and wage security for people when they are at the most moments of their lives. It was discussed that victims of domestic violence find themselves in fragile situations of uncertainty with fear for the safety of themselves and family members. During these times victims need to sometimes relocate or attend criminal and court proceedings. Currently there is no legal protection for the victims protecting them from losing their jobs. Legislator Covill discussed that the VAWA- Violence Against Women Act has expired and they were looking into finding more information and how would it affect the legislation. They mentioned that they would address this topic at a later date. Legislator Borgia asked, what happens now if a victim is dealing with a domestic violence situation. Tasha Young explained that as stated there is no legal protection and her organization was looking to partner with local governments. She discussed that most victims have repeated absences, and very rarely inform the employer of what is actually going on in their lives for fear of losing their job. It was discussed that the current language has not addressed documentation for employers; silent of whether is covers part time employees and the size of the business. Discussion was held on if we mimic the language of the Sick Leave, will the 40 hours be enough. Legislator Burrows and Legislator Covill discussed that court a proceeding requires time off above and beyond what is allotted in the Sick Leave Legislation.

Legislator Borgia asked about what documentation would be necessary to show employers? The members discussed possible options. Marcella Kocolatos from A Better Balance discussed possible language additions to address the documentation required for employers.

Legislator Tubiolo asked if they could get statistic on how many people receive services. It was mentioned that a requests has been submitted to the Office of Women, and Legislator Covill will reach out to the Department of Social Services. Tanya Young from My Sister's Place asked when revising the language could the committee consider including Labor Trafficking and Human Trafficking.

The members discussed enforcement. The Department of Consumer Affairs agreed to hold the hearings but who will take the complaints?

Jenn Puja from AFL-CIO spoke on the how her coalition was very involved in the Sick Leave Legislation and that they are very in favor of Safe Leave Legislation. She spoke with this Legislation in place it will help those who have not come forward. She discussed the coalition works with My Sister's Place and Hope's Door, and this is a good resource for Labor to have. Legislator Borgia asked how the time off is covered by some Collective Bargaining Agreements. Maria Kercado from 1199 discussed that some agreements have specifically addressed how to handle. Legal situation do not supersede the agreement however, there a grievance procedure specifically addressing what to do up to arbitration. She mentioned the some agreements do specifically speak to Sick Leave. Chair Maher asked where the State stand on this topic does. They discussed that there is not a Bill currently in the works for Safe Leave. No action was taken.

Jan 23, 2019 1:04 PM  Social Services Committee Meeting

Item #1 and #2 were discussed jointly, please see item #1 for discussion.

RESULT:PENDING
Mar 25, 2019 1:00 PM Video Legislation Committee Meeting

With a motion by Legislator A. Williams and seconded by Legislator Shimsky the item was approved as amended with a vote of 7 - 0.

Please see Item #1 for discussion.

RESULT:SIGNED BY COMMITTEE
Mar 25, 2019 1:01 PM  Budget & Appropriations Committee Meeting

Please see item # 1. With a motion by Legislator A. Williams and seconded by Legislator Borgia the item was approved with a vote of 9-0.

RESULT:SIGNED BY COMMITTEE
Mar 25, 2019 1:02 PM  Labor & Housing Committee Meeting

Please refer to item #1. With a motion by Legislator A. Williams and seconded by Legislator Cunzio the item was approved with a vote of 8-0.

RESULT:SIGNED BY COMMITTEE
Mar 25, 2019 1:03 PM  Social Services Committee Meeting

Items #1 and #2 were discussed together. Please item #1 for discussion.

With a motion by Legislator A. Williams and seconded by Legislator Shimsky the item was approved with a vote of 6 - 0.

RESULT:SIGNED BY COMMITTEE
Apr 8, 2019 7:00 PM Video Board of Legislators Regular Meeting

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS; LEGISLATION; SOCIAL SERVICES AND LABOR & HOUSING.

On motion of Ms. Covill, this item was laid over under the rules.

RESULT:OVEREDNext: 4/23/2019 7:00 PM
Apr 23, 2019 7:00 PM Video Board of Legislators Regular Meeting

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, LEGISLATION, SOCIAL SERVICES AND LABOR & HOUSING.

Ms. Borgia, Ms. Covill and Mr. Maher presented the report and the Local Law and moved that the report be received, filed and approved and the Local Law adopted, which motion was carried by the following vote.

RESULT:ADOPTED [UNANIMOUS]
AYES:Catherine Parker, John G. Testa, Nancy Barr, Catherine Borgia, Gordon A. Burrows, Terry A. Clements, Kitley Covill, Christopher Johnson, Michael Kaplowitz, Damon Maher, Virginia Perez, MaryJane Shimsky, David J. Tubiolo, Alfreda Williams, Lyndon Williams, Benjamin Boykin
ABSENT:Margaret A Cunzio