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Article Thirteen — Leaves

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A. Sick Leave

  1. After thirty (30) days of employment, regular full-time Registered Nurses shall be entitled to earn sick leave at the rate of one (1) day for each month of employment up to a maximum of twelve (12) days per year.  Sick pay shall be paid only after a Registered Nurse has been employed for a period of six (6) months.  Registered Nurses, after one (1) year or more of employment, shall be entitled to a total of twelve (12) additional days of sick leave at the beginning of their second and subsequent years of employment.  A Registered Nurse may accrue sick leave to a maximum of sixty (60) working days (or 450 hours) of sick leave including the days earned or to be earned in the current sick leave year.  A regular part-time Registered Nurse shall accrue a pro-rata benefit under this Section.  A Registered Nurse may use  two (2) days of accumulated sick time for illness of a member of their household.  An explanation of the reason for the unscheduled day(s) will be stated upon making the request which shall be made according to time limits specified in the sick leave provision (Art 13A2).
  2.  A Registered Nurse will be paid for sick leave at the Registered Nurse's regular compensation rate for the Registered Nurse's regularly scheduled work day.  Sick leave will be applicable only if the Registered Nurse is ill on the days during which the Registered Nurse is regularly scheduled to work.  To be eligible for sick leave benefits, a Registered Nurse who is absent due to illness or injury must notify the Registered Nurse's supervisor or other designated individual as soon as possible but at least two (2) hours before the start of all shifts beginning on or before 7:00 a.m. and at least three (3) hours before all shifts beginning after 7:00 a.m. except in cases of proven inability to furnish such notice, and shall continue to give such notification on a daily basis unless another arrangement has been made.  Registered Nurses who have been on sick leave may be required to be examined by the Employer's health service before being permitted to return to duty.
  3. The Employer may require that a Registered Nurse submit proof of illness or accident satisfactory to the Employer as a condition of receiving sick leave pay; proof of illness is required in all cases where Registered Nurses have been on sick leave for three (3) or more days.  No sick leave will be paid for any work absence for which the Registered Nurse is otherwise compensated, e.g., by worker's compensation or Employer-provided disability insurance benefits.  However, a Registered Nurse may elect to use accrued sick leave prior to going on disability status. The Hospital will publish its policy with regard to requiring proof of illness and will apply its policy in a non-discriminatory fashion.
  4. If a Registered Nurse resigns or is dismissed or laid off and has exceeded her/his allowable sick leave (or pro rata portion of the leave upon termination), the excess sick leave shall be deducted from any monies due the Registered Nurse from the Employer at the time of resignation, layoff or dismissal. 5.  If a Registered Nurse is sent home by the Employer in the first one-half (1/2) of her/his work shift due to illness or injury, she/he shall be paid for such first one-half (1/2) of that work shift and only the second one-half (1/2) of that shift shall be charged against accrued paid sick leave time.  If a Registered Nurse is sent home by the Employer in the second one-half (1/2) of her/his work shift due to illness or injury, she/he shall be paid for such full work shift and no charge shall be made against accrued paid sick leave time for that work shift.

B. Leave for Death in Family

A regular Registered Nurse, after thirty (30) workdays' employment, will be granted a paid leave of absence of three (3) days in the event of death of the Registered Nurse's parent, spouse, significant other, child, brother, sister, grandchild, grandparent, mother-in-law or father-in-law. These days must be taken consecutively within a reasonable period of time of the day of death or the day of the funeral and may not be split or postponed.  A Registered Nurse will be paid for such days at the Registered Nurse's regular compensation rate.  The Employer reserves the right to require proof of death and relationship as a condition of payment under this paragraph.  A regular part-time Registered Nurse will receive a pro rata benefit under this section.

It is understood that in application of this section, "parent" shall include stepparents, foster parents and legal guardians.

The term "significant other" as used in this section refers to an individual who meets the standards set forth in Mayoral Executive Order 48 of 1993 (the "Domestic Partnership Registration Program") i.e.:  Domestic Partners are two people, both of whom are eighteen years of age or older, neither of whom is married or related by blood in a manner that would bar marriage in New York State, who have a close and committed personal relationship, who live together and have been living together on a continuous basis, and who have registered as domestic partners or executed an equivalent affidavit if ineligible to register and have not terminated the domestic partnership.

C. Marriage Leave

A regular Registered Nurse, after thirty (30) days' employment, will receive a three (3) day paid leave of absence at the Registered Nurse's regular compensation rate, in the event of the Registered Nurse's marriage.  This leave shall be taken at the time of the occurrence and may not be split or postponed.  A regular part-time Registered Nurse will receive a pro-rata benefit under this section.

D. Paternity Leave

A regular Registered Nurse, after thirty (30) days' employment, will receive a one (1) day paid leave of absence at the Registered Nurses' regular compensation rate, in the event of the birth of a child to his spouse.  A regular part-time Registered Nurse will receive a pro-rata benefit under this section.

E. Jury Duty

  1. A regular Registered Nurse, after thirty (30) days' employment, who is called (not volunteered) to serve as a juror will receive his/her regular pay less his/her pay as juror for each work day while on jury duty, which shall not include "on call" jury duty time when Registered Nurses are able to be at work.  The receipt of a subpoena or notice to report for jury duty must be reported promptly to the Department Head.  A regular part-time Registered Nurse will receive a pro-rata benefit under this section.
  2. A Registered Nurse who is summoned, not volunteered, to jury duty will promptly so notify the Employer.  A Registered Nurse who performs jury duty pursuant to such summons and who is thereafter released from such duty will promptly notify the Employer of such release.  A Registered Nurse will use legal exemption when requested to do so by the Employer.

F. Witness Pay

A Registered Nurse subpoenaed as a witness in court as a result of her/his performance of duties as a Registered Nurse of the Hospital will be paid for time lost from work as a result of such subpoena.

G. Paid Leaves: Eligibility

All paid leaves as described above must be taken at the time of the related occurrence or reasonably thereafter, or shall be waived.  Registered Nurses will be terminated for obtaining leave by false pretense, or for failing to return from a leave, except where illness of a Registered Nurse as a cause of delay in returning to work is certified by a doctor or where another provable reason makes it impossible for an individual to return on time, provided that the Registered Nurse notifies the Employer prior to or on the last day of the scheduled leave of absence as to when she/he can return.

H. Procedures

  1. On application as required by Section H2, a regular full time and regular part-time Registered Nurse with one (1) year or more continuous employment, will be eligible for a leave of absence as follows:
(a) Up to three (3) months for personal illness, with an extension of an additional three (3) months;
(b) Up to nine (9) months for maternity; twelve (12) months if exposed to radiation;
(c) Up to twelve (12) months for education at an accredited educational institution;
(d) Up to twenty-four (24) months for assumption of a Union position, provided that reasonable extension of such leaves of absence shall not be unreasonably denied.

 

Other leaves of absence without pay for other reasons will not be unreasonably denied by the Employer.  A Registered Nurse on leave pursuant to this section will not accrue benefits under this Agreement.  At the expiration of any such leave not exceeding three (3) months, the Registered Nurse will be entitled to return to work in the same position without loss of previously accrued seniority.  At the expiration of any such leave exceeding three (3) months, the Registered Nurse will be entitled to return to work in the same job classification without loss of previously accrued seniority.

  1. A Registered Nurse desiring a leave of absence under Section H1, will apply for it on the appropriate form to the Director of Nursing four (4) weeks before the requested effective date (except where a provable reason makes it impossible for the individual to make such advance request provided that the Registered Nurse makes such request as soon as possible), and the Department Head will notify the Registered Nurse of her/his decision within a reasonable period of time.  A Registered Nurse desiring an extension of a leave of absence where provided for will submit a similar application as soon as possible, but no later than ten (10) days (excluding Saturday and Sunday) before the scheduled expiration of that leave, except where a provable reason makes it impossible for the individual to make such advance request, provided that the Registered Nurse makes such request as soon as possible, but in no event after the last day of the scheduled leave of absence.
  2. A Registered Nurse will be terminated for obtaining a leave of absence by false pretense, or for failing to return from a leave except where illness of the Registered Nurse as a cause of delay in returning to work is certified by a doctor or where another provable reason makes it impossible for an individual to return on time, provided that the Registered Nurse notifies the Employer prior to or on the last day of the scheduled leave of absence as to when she/he can return.

I. Military Leave

Leave of absence for the performance of duty with the United States Armed Forces or with a reserve

J. Duration

All leaves or combination of leaves whether paid or unpaid, with the exception of that defined in Section H1(d), shall not exceed twelve (12) months in total duration.

K. Exposure to Communicable Disease

Should a Registered Nurse be required by the Hospital's Employee Health Service to be absent from work due to exposure to a communicable disease but does not develop an active case of said disease, the Hospital shall pay to the Registered Nurse a compensation amount equivalent to the maximum statutory New York State Worker's Compensation rate in effect during the period of the absence.

Said amounts shall be payable only if the Registered Nurse has complied with all Hospital health care regulations concerning immunization and other relevant procedures.

The Registered Nurse shall be entitled to supplement these payments with accrued paid leave for amounts not to exceed his/her normal weekly pay rate.