Policy 402B - Safe and Sick Leave for Full-time Staff

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Section: Time Off
Policy Number: 402B
Responsible Office: HR/HR Services
Effective Date: 4/1/14
Revised: 5/5/18; 11/7/19; 7/31/20; 9/30/20; 6/9/22

SCOPE

This policy applies to full-time staff. Staff employees on a Reduced Schedule are eligible for paid sick time on a prorated basis, depending on their schedule. Part-time staff should refer to policy #402C.

USES OF SAFE AND SICK LEAVE

Regular full-time staff may use safe and sick leave on a continuous or intermittent basis for their own care and treatment or the care and treatment of a family member (defined below), and to seek assistance or take other safety measures if the employee or a family member may be the victim of any act or threat of domestic violence or unwanted sexual contact, stalking, or human trafficking.

“Family member” is defined as including spouse, domestic partner, parent, child, sibling, grandparent, grandchild, or the child or parent of the employee’s spouse or domestic partner, any other individuals related by blood to an employee or any other individuals whose close association with the employee is the equivalent of a family relationship.

Examples of permissible uses of safe and sick leave include:

  • An employee’s mental or physical illness, injury or health condition or need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or need for preventive medical care.
  • To care for a family member who needs medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or who needs preventive medical care.
  • When the University is closed by order of a public official due to a public health emergency, or when an employee needs to care for a child whose school or childcare provider has been closed by order of a public official due to a public health emergency.
  • Obtain services from a domestic violence shelter, rape crisis center, or other services program. 
  • Participate in safety planning, relocate, or take other actions to protect the employee’s safety or that of the employee’s family members, including enrolling children in a new school.
  • Meet with an attorney or social service provider to obtain information and advice related to custody, visitation, matrimonial issues, orders of protection, immigration, housing, or discrimination in employment, housing, or consumer credit.
  • File a domestic incident report with law enforcement or meet with a district attorney’s office.
  • Attend civil or criminal court dates related to any act or threat of domestic violence, unwanted sexual contact, stalking, or human trafficking.

Employee notice: When an employee’s need to use sick or safe leave is foreseeable, the employee must provide their immediate supervisor with seven days’ notice. When the employee’s need for safe or sick leave is not foreseeable, the employee must provide notice to their immediate supervisor as soon as practicable.

ALLOTMENT OF SAFE AND SICK LEAVE

Each calendar year (January 1-December 31), regular full-time staff accrue a minimum of 56 hours of safe and sick leave, up to a maximum of 10 days. For an employee who works a regular 35-hour workweek, 10 days equates to 70 hours of safe and sick leave that can be accrued each year. For an employee with a regular 40-hour workweek, 10 days equates to 80 hours of safe and sick leave that can be accrued each year.

Any unused safe and sick leave may be carried over to the following calendar year and accumulated to a maximum of 60 days. A staff employee’s safe and sick leave balance may be used as follows, unless additional leave is provided by law or by this policy (see above):

  • Any portion of the balance or the entire balance may be used at any time as sick leave for the employee’s own care.
  • Up to 10 days of the balance may be used in each calendar year as sick leave to care for family members for permissible reasons.
  • Up to 56 hours of the balance may be used in each calendar year as safe leave for the employee and/or family members.
  • Up to 2 days of the balance may be used in each calendar year for special situations of a personal nature. (See also policy #403, Personal Time.) 

Each request for safe or sick leave must be for a minimum increment of at least one hour, provided such minimum increment is reasonable under the circumstances.

Sick time does not accrue during any period of unpaid leave. Upon separation from employment, any unused safe and sick leave shall have no monetary value and will not be paid out.

DOCUMENTATION REQUIREMENTS

Supervisors: Supervisors are responsible for tracking safe and sick leave accurately on employees’ timesheets by indicating Sick/Safe/Personal Leave and including comment in online timesheet or department timekeeping system. 

Employee Sick Time: For absences of five or more consecutive workdays, full-time staff employees are required to submit to the Employee Benefits Office documentation from a licensed medical provider. Employees should not share confidential medical documentation with their supervisors or anyone else. The documentation from a licensed medical provider must attest to both the existence of a need for sick leave and the date on which the staff is cleared to return to work.

Employee Safe Time: In the case of safe leave reasonable documentation from a social services provider, attorney, law enforcement, clergy member, or notarized letter by the employee indicating the need for safe leave.

Documentation provided by an employee will be maintained in the employee’s confidential benefits file. Documentation shall not include confidential information regarding the nature of any medical condition or of any domestic violence/sexual offense matter requiring the use of leave under this policy.

Failure to provide documentation when requested may result in disciplinary action, up to and including termination of employment. 

If a full-time staff employee who has been out on an extended sick leave of one month or more is released by his or her treating physician for part-time work, he or she may receive full-time pay for working half-time hours (3½ hours a day) for a period up to three weeks. If the part-time hours extend beyond three weeks, the employee must use any accrued paid leave balance or request leave without pay.

CONTINUATION OF BENEFITS

Paid safe and sick leave provides continuation of a full-time employee’s salary and benefits during periods of absence from work for the purposes specified above. Paid sick time does not guarantee that the employee’s position will be held open during the period of absence or that the employee will be reinstated to active employment when the employee returns to work. 

During periods of safe or sick leave, regular deductions, including those for fringe benefits, shall continue to be taken from the employee’s salary. 

For information concerning time off from work for purposes other than illness or disability, refer to additional policies in the Leave and Time Off section of the Human Resources Policy Manual.

COMPLIANCE AND NON-RETALIATION

In the event of a conflict between this policy and a law that provides greater leave benefits to the employee, the law providing the greater leave benefits shall apply. The University cannot require that employees or a health care or service provider disclose personal health information or the details of the matter for which an employee requests sick or safe leave, unless disclosure is required by law. The University shall keep information about an employee or an employee’s family member obtained solely because of the Paid Safe and Sick Leave law confidential unless the employee consents to disclosure in writing or disclosure is required by law. 

Employee misuse of safe or sick leave, including unapproved absences after exhausting safe or sick leave, may result in disciplinary action, up to and including termination of employment.

Retaliation against any employee for appropriate use of paid safe or sick leave is unacceptable and strictly prohibited. Any employee who feels they have been retaliated against should immediately report the matter to Human Resources. Employees also have the right to file a complaint with the NYC Department of Consumer Affairs.

For more information, refer to the Notice of Employee Rights that was provided to you, and to the Frequently Asked Questions published by NYC Consumer Affairs, and FAQs and Fact Sheets published for New York State’s Paid Sick Leave Program.

St. John's University, New York
Human Resources Policy Manual