Article Nine — Paid Leaves

Table of Contents

9.1 Sick Leave.

9.1.1 Entitlement and Amount.

After one (1) month of employment, a Regular Full-Time Employee shall be entitled to paid sick leave earned at the rate of 3.346 hours (3.415 hours for an Employee working a four-day (4) workweek) for each pay period worked retroactive to the Employee's date of employment. An Employee is not entitled to compensation for days taken in the first month of employment. There shall be no limit on the number of sick days which may be accrued. A Regular Part-Time Employee will receive a pro rata benefit under this Section.

Effective February 1, 2016, Per Diem Employees and Other Part-Time Employees shall accrue sick time at the rate of 0.034 hours per hour worked, up to a maximum of forty (40) hours per calendar year.  Per Diem Employees and Other Part-Time Employees are eligible to use sick time beginning on the later of (x) May 30, 2016 or (y) 120 days after commencement of employment.  Per Diem and Other Part-Time Employees may use a maximum of forty (40) hours of accrued sick time per calendar year, and up to forty (40) hours of their accrued and unused sick time may be carried forward into the next calendar year.  Per Diem Employees who are paid on a per-visit basis accrue sick time for such visits based on hourly equivalents for those visits.  Hourly equivalents are calculated as follows: A Per Diem Employee’s gross earnings attributable to per diem visits are divided by the applicable hourly rate that is paid to Full-Time Employees who work in the Per Diem Employee’s position.

9.1.2 Pay.

An eligible Employee will be paid for sick leave at the Employee's regular compensation rate for the Employee's regularly scheduled workday. Accrued sick leave may be used to care for a family member in the same household for one (1) day per incident; same conditions as applied for personal illness will apply. Sick leave will be applicable only if the Employee is ill on the day during which the Employee is regularly scheduled to work. To be eligible for sick leave benefits, an Employee who is absent due to illness or injury must notify his or her manager between 8:30 a.m. and 9:00 a.m. (between 8:00 a.m. and 8:30 a.m. in the case of an Employee working four-day (4) workweeks) unless it is not possible for the Employee, or some other member of the Employee's household, to make such notification. The Employee must remain in communication with the Region/Program office on each day of absence unless it is impossible to do so, the manager instructs otherwise or the absence will be of a certain medically specified duration communicated to the Employer. An Employee who has been on sick leave may be required to be examined by a panel physician before being permitted to return to duty. The Employer may require that an Employee submit proof of illness or accident satisfactory to the Employer as a condition of receiving sick leave pay.

9.1.3 New York City Earned Sick Time Act..

The provisions of the New York City Earned Sick Time Act shall be superseded by this Article Nine, which provides at least comparable benefits to Employees, and the provisions of the New York City Earned Sick Time Act are waived.

9.2 Leave for Death in Family.

A Regular Full-Time Employee, after sixty (60) workdays' employment shall be paid for three (3) workdays' absence in the event of death of his or her spouse, child, mother, father, sister, brother, grandparent, mother-in-law, father-in-law, sister-in-law, brother-in-law or other individual who lives in the same household with the Employee. Such days must be taken consecutively at the time of the funeral. An Employee will be paid for such days at the Employee's regular compensation rate. The Employer reserves the right to require proof of death and relationship or common habitation, as applicable, as a condition of payment under this Section. A Regular Part-Time Employee will receive a pro rata benefit under this Section. Where necessary, and where advance notification is given, an Employee is permitted, upon the approval of the supervisor, to use accrued vacation days and personal days in connection with leave for death in the family under this Section.

9.3 Jury Duty Leave

9.3.1 Amount.

A Regular Full-Time Employee, after sixty (60) workdays' employment, will be granted leave for jury duty. An Employee will be paid for such leave the difference between pay actually received from such jury duty and the pay the Employee would have received had he or she worked such days, which shall not include "on-call" jury time when an Employee is able to be at work. In order to be entitled to jury duty pay, an Employee must submit certification from the court of the days of jury service.

A Regular Part-Time Employee will receive a pro rata benefit under this Section.

9.3.2 Procedure.

An Employee who is summoned, not volunteered, to jury duty, will promptly so notify the Employer. An Employee who performs jury duty pursuant to such summons and who is thereafter released from such service or duty will promptly notify the Employer of such release. The Employer, when it deems advisable, will attempt to have the Employee excused from jury duty.

9.4 Paternity Leave.

A Regular Full-Time Employee, after thirty (30) days' employment, shall be entitled to one (1) day's paid absence at the Employee's regular compensation rate in the event of the birth of a child to his spouse. This day must be taken within two (2) weeks of the birth of the child.

A Regular Part-Time Employee will receive a pro rata benefit under this Section.

9.5 Paid Military Leave.

Regular Full-Time and Regular Part-Time Employees who are in the military reserves and whose unit (including themselves) are ordered to active duty due to a national emergency declared by the President of the United States, shall be paid the difference by which his/her Regular Compensation Rate exceeds his/her total military pay and allowances for up to one (1) month of such active duty.


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