Earned Sick Time Policy

The purpose of this policy is to explain the application of the New York City Earned Sick Time Act to Long Island University’s employees.  The University complies with the Act by providing eligible faculty and staff the ability to accrue up to a maximum of 40 hours per calendar year in paid sick time, which can be used for illness or preventative care of one's self or one’s family members (defined under the Act to mean the employee’s child (biological, adopted, or foster child; legal ward; child of an employee standing in loco parentis), grandchild, spouse, domestic partner, and sibling (including a half, adopted, or step sibling), parent, or the child or parent of an employee’s spouse or domestic partner. Any earned, but unused, sick time under this policy will be carried forward from year to year; however, a maximum of 40 hours of accrued time under this Act can be used in any given calendar year (though an employee may be eligible for additional paid medical leave under other University policies). Long Island University does not pay out unused sick time under this policy at termination.  Finally, this policy is not intended to, nor shall it be interpreted to, conflict with any portions of an employee’s collective bargaining agreement.  Employees are referred to the terms of their collective bargaining agreements for usage of sick time.

All Long Island University employees who work in New York City, and who work more than 80 hours in a calendar year (January 1 – December 31). 

• Excludes federal work-study students, independent contractors, individuals whose work is compensated by qualified scholarship programs, participants in Work Experience Programs.
• The law does not apply to employees covered by a valid collective bargaining agreement that was in effect on April 1, 2014 until that collective bargaining agreement terminates.  For employees covered by a collective bargaining agreement that came into effect or renewed after April 1, 2014, the law does not apply if the collective bargaining agreement expressly waives the law’s provisions and the agreement provides a comparable benefit to employees, such as paid time off.  Otherwise, the law applies to these employees.

Employees may use sick time for all authorized uses under the Law and Rules inclusive of:

• The Employee’s own mental or physical illness, injury or health condition.
• The employee’s need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition.
• The employee’s need for preventative medical care.
• The employee’s elective surgery, including organ donations.
• Care of a family member who needs medical diagnosis, care or treatment of an illness, injury or health condition or who needs preventative medical care.
• Care of a family member who has elective surgery, including organ donations.
• Closure of an employee's place of business due to a public health emergency (as declared by the Commissioner of the New York City Department of Health and Mental Hygiene or the Mayor).
• The employee’s need to care for a child whose school or child care provider is closed due to a public health emergency.

Sick time cannot be used for the following reasons as set forth under the Act:

• Parents cannot use sick leave for bonding purposes after the birth (or adoption) of a child.
• An employee cannot use sick time if the employee gets sick in the middle of a scheduled vacation (because the employee was not scheduled to work).

An employee's use of paid sick time under this policy automatically runs concurrently with use of paid sick time under any other applicable University policy. Eligible employees must take a minimum of four hours of sick leave at a time.  Reported sick time must be rounded to the nearest 15 minute increment.

For absences of more than three consecutive work days under this policy, a department may require a note from one licensed medical provider attesting to both the existence of a need for sick leave and the amount of work hours or days used as sick leave. Furthermore, the University can ask for a date on which the employee is “cleared” to return to work. 

It is only required to have medical documentation signed by one licensed health care provider. LIU does not require that such documentation specify the nature of the employee's or the employee's family member's injury, illness or condition, unless requested in connection with concurrent leave under another applicable University policy. The employee will have 7 days from the date the employee returns to work to submit such documentation.

In addition, a department may require an employee to provide written confirmation that the employee used sick time in accordance with this policy. If an employee does not submit the requested documentation, he or she may be subject to discipline.

Sick time used for medical and dental appointments should be scheduled with your supervisor or department in advance, preferably at least a week (7 days) before the appointment (except when emergency treatment is needed). If the need for sick leave is unforeseeable, the employee must provide at least two (2) hours’ notice, or as soon as practicable.

Upon mutual agreement of the employee and manager, an employee who is absent for a qualifying reason under the Act may work additional hours to make up for lost time during the immediately preceding seven (7) days if the absence was foreseeable or in the immediately subsequent seven (7) days from that absence without using paid sick time accruals.

An employee’s use of sick time shall not be conditioned upon searching for or finding a replacement worker, nor shall employees be required to pay for a replacement worker.  Furthermore, an employee will not be required to work additional hours as makeup for sick leave. 

For eligible employees who are employed as of April 1, 2014, sick time under this policy will begin to accrue on April 1, 2014. For eligible employees hired after April 1, 2014, sick time under this policy will accrue starting on the date of hire. In conformance with the Earned Sick Time Act, employees covered by a collective bargaining agreement that is in effect on April 1, 2014 begin to accrue sick leave under the law beginning on the date that the agreement terminates.  Eligible faculty and staff accrue sick leave at the rate of one hour for every 30 hours worked, up to a maximum of 40 hours of sick leave per calendar year, based on their position and hours worked. Sick leave may be used as it is accrued.  Earned and unused sick time will carry over from one calendar year to the next in accordance with applicable law. However, only 40 hours can be used in any given calendar year under this Act.

Adjuncts and part-time instructors will have 40 hours of sick leave front-loaded to them on or before the employee’s 120^th day of employment and on January 1 of each calendar year.

Employees can start using accrued sick leave on July 30, 2014 or 120 days after the start of employment, whichever is later. After 120 days, an employee can use sick leave as it is accrued.  Eligible employees who are rehired by the University within 6 months of termination can use any accrued, but unused, sick time from their prior position at LIU without waiting the 120 days, but must wait the 120 days to use newly accrued sick time.

• One hour of paid sick time for every 30 hours worked up to a maximum of 40 hours per year. Accrual rate per hour worked is 0.033334.  For example, a Part-time employee consistently working 20 hours per week would earn .67 hours per week, 1.33 hours per pay period. 

• Accrual balances will be carried over from year to year, but remain subject to the 40-hour-per-year usage limit.  Carryover is limited to 40 hours and nothing further can be accrued until some is used.
• LIU will not pay out balances accrued under this Policy.

When using paid sick time, an employee shall be compensated at the same rate of pay that the employee would have earned at the time the paid sick time is taken.  If the employee uses sick time during hours that would have been designated as overtime, the University is not required to pay the overtime rate of pay.  If an employee performs more than one job for the same employer or the employee’s rate of pay fluctuates for a single job, the rate of pay shall be the rate of pay that the employee would have been paid during the time the employee used the sick time. 

Sick time will be paid no later than the payday for the next regular payroll period beginning after the sick time was used by the employee.  If the supervisor has asked for written documentation or verification of use of sick time, the University is not required to pay sick time until the employee has provided such documentation or verification.

Any accrued, but unused, sick time under this policy will not be paid out upon termination. If the employee is rehired within 6 months of termination, the prior accrued time will be reinstated and can be used at any time, assuming the employee reached 120 days after commencement of employment to begin using sick leave.

It is a violation of the New York City Paid Sick Leave Law for an employer to take or threaten any adverse action against an employee for exercising his or her rights under the Law.

The University will not retaliate against an employee for exercising or attempting to exercise their rights, which includes requesting and using sick leave; filing a complaint for alleged violations of the law with DCA; communicating with any person, including coworkers, about any violation of the law; participating in an administrative or judicial action regarding an alleged violation of the law; or informing another person of that person’s potential rights.

Revision date:  June 1, 2016