Policy 402 – New York Paid Sick Leave and New York City Paid and Unpaid Safe and Sick Leave

Section: Time Off
Policy Number: 402
Responsible Office: HR/HR Services
Effective Date: 4/1/14
Revised: 2/22/26

ELIGIBILITY

This policy applies to all employees who receive an IRS Form W-2 from the University, including Administrators, Staff, Full-time Faculty, Adjunct Faculty, Graduate Student Workers and Regular Undergraduate Student Workers. This policy does not apply to independent contractors, consultants or other non-employees, or employees compensated by or through federal work-study programs or qualified scholarships.

Further, the University also provides eligible employees with 20 hours of paid prenatal personal leave for use in any 52-week period (see policy #510 for more information about this benefit).

St. John’s University also permits full-time Administrators and full-time Faculty, who after one (1) year of full-time employment become incapable of performing the essential functions of their position because of illness or disability, to receive a maximum of six (6) months paid leave. Information on extended personal medical leave can be found in policy addendum 402A for full-time Administrators and in the Faculty Handbook for full-time Faculty.

Full-time staff may also use up to two (2) days of the balance may be used in each calendar year for special situations of a personal nature. (See Policy #403, Personal Time.)

POLICY

St. John’s University provides all employees with paid and unpaid safe and sick leave in accordance with applicable law. 

ALLOTMENT OF SAFE AND SICK LEAVE BY EMPLOYMENT CLASSIFICATION

Full-time Administrators and Full-time Faculty
Employees shall have 56 hours of paid safe and sick leave and 32 additional hours of unpaid safe and sick leave, available immediately upon hire and annually at the start of each calendar year (January 1 – December 31). An employee may only use 56 hours of unused paid safe and sick leave each calendar year, irrespective of how many paid safe and sick leave hours remain unused and are carried over from a prior calendar year. Unused, unpaid safe and sick leave does not carry over from year to year, but 32 hours is available for use each calendar year.

Full-time Staff
Employees shall accrue paid safe and sick leave at a  rate that is determined by their standard workweek. Paid safe and sick leave begins to accrue immediately upon hire, and employees may use leave before it has been accrued, up to the annual allotment. Unused paid safe and sick leave carries over from year to year to a maximum balance of 60 days.

Additionally, employees shall have 32 hours of unpaid safe and sick leave available immediately upon hire and annually at the start of each calendar year (January 1 – December 31). Unused unpaid safe and sick leave does not carry over from year to year, but 32 hours is available for use each calendar year.

Leave by full-time staff may be used as follows, unless additional leave is provided by law or by this policy: 

Part-time and Per Diem Employees, Adjunct Faculty and Students

Employees shall accrue one (1) hour of paid safe and sick leave for every 30 hours worked, up to a maximum of 56 hours of paid safe and sick leave per calendar year (January 1 – December 31). Paid safe and sick leave begins to accrue immediately upon hire, and employees can carry over up to 56 hours of unused paid safe and sick leave. No more than 56 hours may be accrued or used during any calendar year, unless additional leave is required by law.

Additionally, employees shall have 32 hours of unpaid safe and sick leave available immediately upon hire and annually at the start of each calendar year (January 1 – December 31). Unused unpaid safe and sick leave does not carry over from year to year, but 32 hours are available for use each calendar year.
 

PERMISSIBLE USES OF PAID AND UNPAID SAFE AND SICK LEAVE

Newly hired employees may use their paid safe and sick leave as it accrues or is granted and their annual grant of unpaid sick leave immediately upon hire, subject to the terms of this policy.

Paid and unpaid safe and sick leave may be used only during times that an employee cannot work for the following reasons: 

• The employee’s: mental or physical illness, injury or health condition, regardless of whether diagnosed or requiring medical care at the time of the request; need to seek medical diagnosis, care or treatment for the illness, injury or health condition; or need for preventive medical care (e.g., screenings, checkups, patient counseling to prevent health problems).
• A family member’s: mental or physical illness, injury or health condition, regardless of whether diagnosed or requiring medical care at the time of the request; need to seek medical diagnosis, care or treatment for the illness, injury or health condition; or need for preventive medical care.
• Closure of the employee’s place of business by order of a public official due to a public health emergency or a public disaster, such as a fire, explosion, terrorist attack, severe weather conditions or other catastrophe that is declared a public emergency or disaster by the President of the United States, the Governor of the State of New York, or the Mayor of the City of New York.
• Care for a child whose school or childcare provider has restricted in-person operations or has been closed by order of a public official due to a public health emergency or a public disaster.
• The employee is prevented from reporting to their work location due to a direction by a public official to remain indoors or avoid travel during a public disaster.
• For absences necessary due to domestic violence, a family offense matter, sexual offense, stalking or human trafficking, or workplace violence (any act or threat of violence against an employee that occurs in a place of employment) suffered by the employee or the employee’s family member, and “safe time” is needed 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 family member;
  • Meet with a legal or other social service provider to obtain information and advice on, and prepare for or participate in, any criminal or civil proceeding;
  • File a complaint or domestic incident report with law enforcement;
  • Meet with a district attorney’s office;
  • Enroll children in a new school; or
  • Take other actions necessary to ensure the health or safety (including the physical, psychological, or economic health and safety) of the employee or family member or to protect those who associate or work with the employee.
• “Safe time” may also be used:
  • When the employee is a caregiver who provides direct and ongoing care for a minor child or care recipient, to provide care to the minor child or care recipient, and to provide care due to school holidays, day care closures, and babysitter cancellations.
  • To initiate, attend or prepare for a legal proceeding or hearing related to subsistence benefits or housing to which the employee, the employee’s family member, or the employee’s care recipient is a party, or to take actions necessary to apply for, maintain, or restore subsistence benefits or shelter for the employee or their family member or care recipient.

DEFINITION OF COVERED FAMILY MEMBER AND CARE RECIPIENT

For purposes of this policy, “family member” means 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.

For purposes of this policy, a “care recipient” means a person with a disability, including a temporary disability, who is a family member or resides in the employee’s household and relies on the employee for medical care or to meet the needs of daily living.

MINIMUM INCREMENT

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, and in 30-minute increments thereafter on that workday. Employees can use safe and sick leave on a continuous or intermittent basis. 

NOTICE OF LEAVE

In all circumstances, employees are responsible for specifying that the time off is for safe and sick leave reasons (as opposed to, for example, vacation), so that the absence may be designated accordingly. If an employee has both paid safe and sick leave and unpaid safe and sick leave available for use, the University will first apply any available paid safe and sick leave hours to the absence, unless the employee specifically requests to use unpaid safe and sick leave or other available leave. 

When the need for paid or unpaid safe and sick leave is foreseeable (e.g., a scheduled doctor’s visit or court appointment), the employee should provide their immediate supervisor with seven (7) days’ advance notice and include the total amount of safe or sick leave that the employee expects to use. When the need for paid or unpaid safe and sick leave is unforeseeable, the employee must provide notice to their immediate supervisor as soon as practicable. Employees may provide notice to their immediate supervisor verbally (phone call) or in writing (text/email) according to the attendance procedures established by their department. 

DOCUMENTATION

Supervisors are responsible for tracking safe and sick leave accurately on employees’ timesheets by indicating Paid/Unpaid/Paid Prenatal leave and including comments in the online timesheet or department timekeeping system. 
Employees are not required to provide documentation for absences of fewer than five (5) consecutive workdays for full-time employees and fewer than four (4) consecutives workdays for part-time employees. Employees are directed to send all safe and sick leave documentation, when requested by their department, directly to the Employee Benefits office and not to their department supervisor within ten (10) days of returning to work. Failure to provide documentation to the Employee Benefits office when requested by the employee’s department may result in disciplinary action, up to and including termination of employment.

Documentation for Health Reasons
Full-time employees who experience sick leave absences of five (5) or more consecutive, scheduled workdays (four (4) or more consecutive, scheduled workdays for part-time employees) are required to submit documentation from a licensed clinical social worker, licensed mental health counselor, or other licensed health care provider to the Employee Benefits Office, located on the Queens Campus in University Center, Suite C, or via email at [email protected]. Employees should not share confidential medical documentation with their supervisors or anyone else. The documentation from a licensed health care provider must attest to the existence of a need for sick leave as well as the date on which the employee is cleared to return to work (if known). The University will reimburse employees for all fees charged by the provider for providing the documentation. Any requests for reimbursement and proof of fees or costs must be submitted to the Employee Benefits Office, located on the Queens Campus in University Center, Suite C, or via email at [email protected]. 

Documentation for Other Protected Needs
Full-time employees who experience safe leave absences of five (5) or more consecutive, scheduled workdays (four (4) or more consecutive, scheduled workdays for part-time employees) are required to submit supporting documentation: documentation from a school or daycare; police report, court document, or court order of protection (indicating a need for safe time); documentation from a legal or social services provider, court, or government agency for a legal proceeding or hearing related to subsistence benefits or housing; notarized attestation from the employee; and/or other verification as permitted by applicable law. Supporting documentation should be submitted to the Employee Benefits Office, located on the Queens Campus in University Center, Suite C, or via email at [email protected]. The University will reimburse employees for all reasonable costs or expenses incurred in obtaining documentation for safe time. 

CONFIDENTIALITY

The University will not ask the employee to provide details about the underlying reason for the employee’s use of paid or unpaid safe and sick leave. The University will maintain confidentiality as to any health information about an employee or the employee’s family member or care recipient and information about the personal situation that led the employee to use sick leave for absences due to safe time reasons, providing care as a caregiver to a minor child or a care recipient, or a legal proceeding, hearing, or other action related to subsistence benefits or housing. Such information will be kept confidential and will not be disclosed to anyone without the employee’s permission or as required by law.  Any documentation provided by an employee will be maintained in the employee’s confidential benefits file.

RATE OF PAY

The rate of pay for paid safe and sick leave will be calculated in accordance with applicable law. Non-exempt employees will not receive compensation when using unpaid safe and sick leave. 

TERMINATION

Upon separation from employment, any unused paid or unpaid safe and sick leave shall have no monetary value and will not be paid out. 

If an employee’s employment with the University ends and the employee is rehired within six (6) months of employment ending, the employee’s previously unused safe and sick leave balance will be reinstated and made available for use in accordance with New York City law.

DISCIPLINE FOR MISUSE OF SAFE AND SICK LEAVE

Discipline – up to and including termination – may be taken against an employee who uses paid or unpaid safe and sick leave for a purpose not covered by, or in a manner not consistent with, the New York Paid Sick Leave Law or the New York City Earned Safe and Sick Time Act.  In addition, discipline – up to and including termination – may be taken against an employee that violates this policy’s requirements concerning requesting, using, recording, verifying, and/or documenting use of paid or unpaid safe and sick leave.

CONTINUATION OF BENEFITS

Paid safe and sick leave provides continuation of an employee’s applicable salary and benefits during periods of absence from work for the purposes permissible by law and this policy. 

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 sections of the Human Resources Policy Manual.

COMPLIANCE AND NON-RETALIATION

In the event of a conflict between this policy and a law, ordinance, or regulation that provides greater leave benefits to the employee, the law providing the greater leave benefits shall apply. 

Retaliation against any employee for appropriate use of paid or unpaid sick time 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 NYC Department of Consumer and Worker Protection online, by phone (call 311 in NYC or 212-NEW-YORK outside NYC), by mail or email. Visit nyc.gov/workers to learn how.

RELATED POLICIES AND RESOURCES

New York Paid Sick Leave Law

New York State Paid Prenatal Leave

Notice of Employee Rights

NYC’s Protected Time Off Law

NYC’s Protected Time Off Law Frequently Asked Questions

Policy Addendum #402A: St. John’s University Sick Leave for Full-time Administrators

Policy #509: New York Paid Family Leave

Policy #510: Paid Prenatal Personal Leave

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