We would like to review the new company Paid Sick Leave policy which went into effect January 1, 2021.
Here is the relevant portion of the Company Handbook:
1.1 Paid Sick Leave
Permanent full-time employees will earn personal sick leave or paid sick leave benefits. Temporary full-time and part-time employees will earn personal sick leave or paid sick leave benefits if required by the State, City or local jurisdiction where they reside. This paid sick leave policy applies to all Quest employees and supersedes any other company paid sick leave policy. It is intended to satisfy the requirements of paid sick time that may be required under applicable state law and/or city (or county) ordinance where Quest employees may reside. If there is a difference between this paid sick leave policy and applicable paid sick leave law, then the more favorable or beneficial condition will prevail. Some jurisdictions may cap the amount of paid sick leave that an employee may earn, and/or cap the amount of carryover for each employee. Any questions or issues that employees as well as Supervisors or Project Managers may have should be referred to the Human Resources administration for a decision.
Last minute unscheduled time off (“calling in sick”) disrupts business operations, creates scheduling issues and should be avoided. For a non-emergency reason or for a foreseeable situation, employees are to provide reasonable advance notification to their Supervisor at least one week’s notice or as soon as possible in advance of a need for paid sick leave. For an emergency situation or if the need for paid sick leave is unforeseeable, employees are to notify their Supervisor of an intended absence as soon as practicable. Employees may use their available, accrued paid sick leave benefits in minimum increments of two (2) hours.
When an employee is or will be absent for three (3) or more consecutive workdays due to illness or injury, The Company may request the employee to submit a physician’s statement to substantiate the absence or the need for a leave from work, or such documentation that may be permitted under a paid sick leave law (if applicable). Furthermore, The Company may request proof of illness, injury and/or a doctor or dental appointment in connection with any medically related absence of a shorter duration, for example, when management reasonably suspects misuse such as using a paid sick leave for a beach, ski or vacation day; or a pattern of abuse such as absences taken on Fridays or Mondays, or immediately prior to or immediately after a holiday, weekend or scheduled days off, vacation days or paydays in order to verify the absence under this policy. In addition, before an employee may return to work, The Company may require a doctor’s written verification stating that the employee is capable of resuming his or her job responsibilities.
Eligible employees will accrue paid sick leave benefits at the rate of one hour for every thirty hours worked-including overtime hours. Exempt employees are presumed to work 40 hours per week for the purposes of earning paid sick leave under this policy. Eligible employees will accrue paid sick leave in accordance with their State/County/City requirements.
Paid sick leave is to be used only for absences due to medical or doctor appointments for diagnosis, care or treatment; personal illness, personal incapacity due to injury or disability; or to attend to an illness of the employee’s child or legal ward, parent (including legal guardian or parent-in-law), spouse or domestic partner, or the child of the domestic partner as well as an illness of the employee’s sibling, grandparent or grandchild. Paid sick leave may also be used to care for any other ill family member or designated person as may be specified by applicable paid sick leave law. Paid sick leave may also be used by an employee who is a victim of domestic violence, sexual assault or stalking. Paid sick days will be compensated at the same wage or salary as the employee normally earns during regular work hours. The rate of pay will normally be based on the employee’s hourly wage or regular pay rate currently in effect for the workweek in which the employee uses paid sick time. Sick leave would be paid no later than on the payday for the next regular payroll period after the sick leave was taken. Sick leave payments would be coordinated with state disability/paid family leave or workers’ compensation insurance benefit payments (if applicable) so that all such payments will not exceed the employee’s normal weekly gross earnings.
The purpose for sick leave benefits is to provide wage continuation to eligible employees who are absent due to illness or injury. Employees should conserve their sick leave bank in case of an unexpected illness or injury. Sick leave is not to be abused or misused. Sick leave benefits do not accrue during any leaves of absence when no hours have been worked until the employee returns to work.
Full or partial days off due to illness or injury in excess of accrued sick leave by non-exempt employees will be taken without pay. Exempt employees who have used all of their available sick leave benefits continue to receive their salary for an occasional illness that is less than a full day under this sick leave policy. However, the salary of exempt employees who have exhausted their sick leave allowance may be deducted for absences of a full day or more due to illness or disability.
Available and unused sick leave may not be used for personal time-off (other than for an absence due to illness, medical appointments or another qualifying reason as specified by this policy or applicable law), additional vacation time or in conjunction with other types of days off. If all available sick leave benefits have been used and your Supervisor or Project Manager has approved additional time off for personal or family illnesses, eligible employees may use available Vacation benefits (if applicable) for the additional time off.
The Company would not deny a qualified employee to use available sick days for time away from work that is protected by applicable paid sick leave law. No qualified employee will be terminated, retaliated or discriminated against for using or requesting the use of available paid sick leave that is regulated by state or local paid sick leave law, if applicable. A misrepresentation regarding the need to take sick leave for a purpose other than for a qualifying reason as specified by applicable law, however, may be subject to appropriate disciplinary action. An employee who does not call or report to work for three (3) consecutive days will be considered to have abandoned his/her job and have voluntarily terminated his/her employment with the Company, unless there are extenuating circumstances acceptable to management.
Unused sick leave benefits have no cash value upon termination of employment for any reason. There is no pay out of unused sick days upon termination of employment for any reason or at any time during employment. However, the Company would restore to an employee any unused paid sick leave if the employee is rehired within one year from the date of separation from employment. The rehired employee would be entitled to use the previously earned or accrued but unused paid sick leave and to earn or accrue paid sick leave upon rehiring.
Now is the time to look at the accruals on your paystub. If you have any questions, do not hesitate to contact Larry Kaminsky at 516-612-0449 or his cell number at 516-457-7269.