Sick Time Policy for Temporary Non-union, Non-exempt, and Part-time Employees

Date: January, 2021

Status:  Active

Policy Type: University

Contact Office: Human Resources

Applies To: all non-union, non-exempt (hourly) temporary, student and part-time employees not covered by another sick policy. The effective date for employees to begin accruing paid sick leave is the later of September 30, 2020 or their date of hire, with accrued leave available for use beginning January 1, 2021.

Purpose:  to provide for accrual and use of paid sick leave (“PSL”) time for occasions when an employee is absent under the definitions and guidelines in accordance with New York State’s Paid Sick Leave (“NYSPSL”) law.

Guidelines and Eligibility:

Employees accrue paid PSL at a rate one hour for every 30 hours worked, up to 56 hours per year.  The “year” for purposes of this policy will be July 1 – June 30, following the initial January 1, 2021 effective date.

Employees may carryover up to 56 hours of accrued, unused PSL time from one year to the next; however, employee may not use more than 56 hours of PSL time in any one calendar year.

Eligible employees may be paid for absences related to the following:

• A mental or physical illness, injury, or health condition of the employee or the employee’s family member, regardless of whether the illness, injury or health condition has been diagnosed or requires medical care at the time that the employee requests leave;
• The diagnosis, care, or treatment of mental or physical illness, injury, or health condition of – or need for medical diagnosis of, or preventive care for – the employee or the employee’s family member; or
• An absence from work when the employee or employee’s family member has been the victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking, including leave to:
  • Obtain services from a domestic violence shelter, rape crisis center, or other services program;
  • Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or the employee's family members;
  • Meet with an attorney or social services provider to obtain information and advice on, and prepare for and participate in, any criminal or civil proceeding;
  • File a complaint or domestic incident report with law enforcement;
  • To enroll children at a new school;
  • Meet with a district attorney's office; and
  • Take any other actions necessary to ensure the health or safety of the employee or the employee's family member, or to protect those who associate or work with the employee.

(An employee who has committed domestic violence, a family or sexual offense, stalking, or human trafficking is not eligible for leave above, nor may this leave be used on behalf of an employee's family member who has engaged in any of these acts.).

For purposes of the above policy terms, “family member” is defined as an employee’s child (including biological child, adopted child, foster child, a legal ward, or a child for whom the employee stands “in loco parentis”), spouse, domestic partner, parent (including biological parent, foster parent, step-parent, adoptive parent, legal guardian, or an individual who stood “in loco parentis” to the employee as a minor child), sibling, grandchild or grandparent, and the child or parent of an employee’s spouse or domestic partner.

The University requires notice of the need for PSL as soon as possible, but, in all cases, notice must be given prior to taking PSL time for a qualifying reason.  Notice can be given orally or in writing.  Employees must contact their manager if they need to use PSL for a qualifying reason.

An employee may be required to provide appropriate documentation supporting their need to use accrued PSL time for a qualifying reason, as permitted by law.  A doctor’s note may be requested after the third day of absence if applicable.  If an employee is charged a fee for required paperwork by a medical provider, the employee will be reimbursed for that amount by informing Human Resources of the expense.   Employees will not be required to disclose confidential information, to the extent provided under the law.

PSL may run concurrently with federal Family Medical Leave Act and the New York State Paid Family Leave, as permitted under the law.  In such cases the various leaves will overlap with one another and not be managed separately for counting of time.

Accrued, unused PSL leave is not eligible for payout upon separation of employment and shall be forfeited upon separation for any reason.

The University has the right to change, modify or discontinue this policy at any time in its discretion.