Policy Author:
Employee Engagement
Responsible Office – Department:
Employee Engagement
Effective Date of Policy:
January 1, 2021
All employees are eligible to accrue paid sick leave benefits upon their date of hire in accordance with the NYS Paid Sick Leave Law. Sick time may be used for any of the qualifying reasons listed below:
- An employee’s or employee’s family member’s mental or physical illness, injury, or health condition (whether diagnosed or not);
- The diagnosis, care or treatment of a mental or physical illness, injury or health condition, or need for medical diagnosis of, or preventative care for an employee or employee’s family member.
- An absence from work when the employee or employee’s family member has been the victim of domestic violence, a family offense, sexual offense, stalking or human trafficking.
Definitions:
- “Family member” is defined to mean an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent; and the child or parent of an employee’s spouse or domestic partner.
- “Parent” is defined to mean biological, foster, step or adoptive parent, or a legal guardian of an employee, or a person who stood in loco parentis when the employee was a minor child.
- “Child” is defined to mean biological, adopted or foster child, a legal ward, or a child or an employee standing in loco parentis.
Job Protection
Employees who take sick leave pursuant to the reasons allowed under the law must be restored to the position of employment held prior to any sick leave taken, including the same pay and other terms and conditions of employment.
No Discrimination, Harassment or Retaliation
Daemen explicitly prohibits discrimination, harassment and/or retaliation against an employee who exercises their right to use paid sick leave for any of the reasons covered by NYS Labor Law 196-b.
Employees will not be discharged, threatened, penalized or in any other manner discriminated or retaliated against for exercising their right afforded under the paid sick leave law, including requesting and using sick leave.
Long Term Medical Conditions
In the case of an injury, illness, or medical condition that prevents an employee from working for an extended period of time, i.e. over 7 consecutive days (disability, workman’s compensation) please refer to the Medical Leaves of Absence Policy.
Employee /Faculty Contracts
Sick pay is a record of job-protected leave for reasons that qualify under the NYS Paid Sick Leave Law. It is not intended to provide additional pay over and beyond an employee’s contract.
Separation of Employment
Sick or personal time is not paid out upon an employee’s termination, resignation, retirement, or other separation from employment.
Sick Leave Accrual During Leave of Absence
Sick leave does not accrue when on unpaid leave. Sick leave will continue to accrue during the salary continuation period due to disability status.
Full-Time Salaried Staff/Faculty Sick Leave Policy (FT Salaried Sick)
Full-time salaried employees will receive paid sick leave in the case of an injury, illness, medical condition or any of the reasons covered by NYS Sick Leave listed above. Sick leave will be accrued at a rate of 3.5 hours per pay period to a maximum of 84 hours. Accrual starts on the employee’s date of hire and is awarded at the end of each pay period in which the employee works. Unused sick time will be rolled over to the next calendar year to a maximum of 84 hours. A maximum of 84 hours of sick time can be taken each year. Employees may take leave in quarter-hour increments. Whenever possible, sick leave should be scheduled in advance with your supervisor.
Full-Time Hourly Staff Sick/Personal Leave Policy (FT Hourly Sick-Personal)
Daemen provides full-time hourly employees with paid sick/personal leave. Employees will accrue one hour of leave for every 30 hours worked to a maximum of 56 hours of paid leave each year. Accrual starts on an employee’s first day of employment and is awarded at the end of each pay period in which the employee works. Employees may carry over accrued, unused leave to the next calendar year to a maximum of 56 hours. A maximum of 56 hours can be taken each year. Full-time employees may take leave in quarter-hour increments. Sick/personal leave is paid at the employee’s regular rate of pay and counts toward overtime. Whenever possible, sick/personal leave should be scheduled in advance with your supervisor. This leave time is not available to extend an employee’s vacation.
Part-Time Hourly Staff Sick Leave Policy (PT Hourly Sick)
Daemen provides part-time hourly employees with paid sick leave in accordance with the NYS Paid Sick Leave Law. Employees accrue one hour of sick leave for every 30 hours worked to a maximum of 56 hours of paid sick leave each year. Accrual starts on an employee’s first day of employment and is awarded at the end of each pay period in which the employee works. Part-time employees may take leave in quarter-hour increments. Employees may carry over accrued, unused sick leave to the next calendar year to a maximum of 56 hours. Part-time hourly sick leave is paid at the employee’s regular rate of pay and does not count toward overtime.
Other Employee Sick Leave Policies (students, adjuncts, part time coaches – NYS PT Sick)
Daemen provides other employee categories, such as student employees, adjunct faculty, and part time athletic coaches with paid sick leave in accordance with the NYS Paid Sick Leave Law. These part-time employees accrue 1.35 hours of sick leave every biweekly pay period to a maximum of 35 hours of paid sick leave each year. Accrual starts on an employee’s first day of employment and is awarded at the end of each pay period in which they work. Employees may take leave in one-hour increments. Employees may carry over accrued, unused sick leave to the next calendar year to a maximum of 56 hours. This policy applies to student workers, part time athletic coaches, and adjunct faculty.
Student-workers may not use paid sick leave hours to add time over and above their regular scheduled work week. Paid sick leave cannot be used to increase hours in a work week over the allowable threshold in accordance with their financial aid award.