Safe and Sick Leave Policy
Policy Statement
Fordham University’s (the “University”) Safe and Sick Leave Policy (the “Policy”) provides eligible employees with the ability to use paid safe and sick leave, pursuant to the New York State Paid Sick Leave Law and the New York City Earned Safe and Sick Time Act (together, the “Paid Safe and Sick Leave Laws”). The is also compliant with other local laws, including Westchester County.
Reason for the Policy
In compliance with the Paid Safe and Sick Leave Laws, this Policy outlines employee rights and benefits with regard to safe and sick time.
Responsible University Office
Office of Human Resources Management
Applicability of the Policy
Subject to the exclusions below, this Policy applies to all full-time and part-time employees at the University, including administrators, full-time tenured/tenure-track faculty and full-time non-tenure track faculty, clerical staff, maintenance staff, and all other hourly and part-time employees (“Eligible Employees”). For purposes of this policy, calendar year refers to the consecutive 12-month period beginning January 1 and ending on December 31.
This Policy does not apply to:
- Any employee who is covered by a collective bargaining agreement (“CBA”) if:
- The applicable CBA provides for comparable or more generous benefits for the employee. Local 153 and Local 810 members should refer to their respective CBAs; or
- The safe and sick leave requirement under applicable law is expressly waived in the CBA.
- Student-workers in federal work-study programs;
- Independent contractors, vendors, or other workers hired through a temporary agency; and
- Employees whose work is compensated by qualified scholarship programs as defined in 26 U.S. Code Section 117.
Please direct any questions about your eligibility for safe and sick leave to the Office of Human Resources Management at [email protected] or via phone at 718-817-4930.
Policy Text
Eligible Employees will receive paid safe and sick leave at the beginning of the calendar year based on their anticipated hours of work. If the Eligible Employee’s hours worked is greater than the anticipated hours, leave credits will be adjusted accordingly to reflect the correct amount of leave. Such leave is not subject to later revocation or reduction if, for instance, the employee works fewer hours than anticipated by the employer. The University’s accrual rate, use, and carryover policy is dependent upon the employee’s position. Please see Section F below for details.
Definitions
"Calendar year" shall mean a regular and consecutive twelve-month period, from January 1 to December 31.
"Child" shall mean a biological, adopted, or foster child, a legal ward, or a child of an employee standing in loco parentis.
“Employee” means an employee of the University who regularly performs, or is expected to regularly perform, work in New York City or Westchester County during a calendar year.
“Employer” means the University.
“Family member” shall mean an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent; the child or parent of an employee’s spouse or domestic partner; any other individual related by blood to the employee; and any other individual whose close association with the employee is the equivalent of a family relationship.
“Family offense matter” shall mean an act or threat of an act that may constitute disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in Subdivision 1 of Section 130.60 of the New York Penal Law (the Penal Law), stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, strangulation in the first degree, strangulation in the second degree, criminal obstruction of breathing or blood circulation, assault in the second degree, assault in the third degree, an attempted assault, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree or coercion in the second degree as set forth in Subdivisions 1, 2 and 3 of Section 135.60 of the Penal Law between spouses or former spouses, or between parent and child or between members of the same family or household.
"Health care provider" shall mean any person licensed under federal or New York state law to provide medical or emergency services, including, but not limited to, doctors, nurses and emergency room personnel.
"Human trafficking" shall mean an act or threat of an act that may constitute sex trafficking, as defined in Section 230.34 of the Penal Law, or labor trafficking, as defined in Section 135.35 and 135.36 of the Penal Law.
“Member of the same family or household” shall mean (i) persons related by consanguinity or affinity; (ii) persons legally married to or in a domestic partnership with one another; (iii) persons formerly married to or in a domestic partnership with one another regardless of whether they still reside in the same household; (iv) persons who have a child in common, regardless of whether such persons have been married or domestic partners or have lived together at any time; and (v) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time.
"Parent" shall mean a biological, foster, step- or adoptive parent, or a legal guardian to another person or a person who stood in loco parentis when the employee was a minor.
“Sexual offense" shall mean an act or threat of an act that may constitute a violation of Article 130 of the Penal Law.
“Sibling” shall mean an employee’s brother or sister, including half-siblings, step-siblings and siblings related through adoption.
"Spouse" shall mean a person to whom an employee is legally married under the laws of the State of New York.
"Stalking" shall mean an act or threat of an act that may constitute a violation of Section 120.45, 120.50, 120.55, or 120.60 of the Penal aw.
A. Accrual, Use, and Carryover of Safe and Sick Leave by Position
- Full-Time Tenured/Tenure-Track Faculty, and Full-Time Non-Tenure Track Faculty
Full-time faculty will receive fifty-six (56) hours of paid safe and sick leave at the beginning of the calendar year.
Safe and sick leave can be used in half or full day increments.
- Part-time Non-Tenure Track Faculty
Part-time Non-Tenure Track Faculty will receive twenty-eight (28) hours of safe and sick leave per calendar year. Unused safe and sick leave may be carried over from the previous year into a new calendar year for up to a maximum of 56 hours.
Safe and sick leave for part-time non-tenure track faculty with a teaching assignment will be calculated using the following formula: 1 hour of class time is equivalent to 3 hours of safe/sick leave. Please see below the associated chart for further information.
| Length of Class | Recorded Leave |
|---|---|
| 50-60 mins | 3 hours |
| 75-90 mins | 4.5 hours |
| 110-120 mins | 6 hours |
| 140 mins | 7 hours |
| 180 mins | 9 hours |
| full day of teaching | Calculate # of hours of teaching x 3 |
Safe and sick leave for assignments other than teaching will be recorded in hourly increments for the time absent.
- Full-Time and Benefitted Part-Time Administrators
All full-time benefited administrators and part-time benefitted administrators, working a minimum of 20 hours per week, are entitled to a maximum of 12 paid days of safe and sick leave annually to ensure continuity of income when they are absent due to illness, injury, disability, or other leaves that are protected under the Paid Safe and Sick Leave Laws.
Safe and sick leave can be used in half or full days increments.
- Local 153 and Local 810 Members
Members of Local 153 and Local 810 should refer to their respective CBAs to review their applicable safe and sick leave and sick time accrual, use, and carryover policy. Any questions should be directed to your union representative and/or the Office of Human Resources Management.
- Part-time Athletics Coaches
Part-time Athletics Coaches are entitled to 56 hours of safe and sick leave at the beginning of the calendar year.
Requests for safe and sick leave will be recorded in half days or full days increments.
- Hourly Employees
Hourly employees will accrue one (1) hour of safe and sick leave for every thirty hours worked, up to a total of fifty-six (56) hours of safe and sick leave per calendar year. Hourly employees may carry over up to fifty-six (56) hours of safe and sick leave to the following calendar year; however, no Hourly Employee may use or accrue more than fifty-six (56) hours of safe and sick leave in a calendar year.
Safe and sick leave can be used in 15-minute increments.
Please note, if any employee, regardless of position or title, is transferred to a separate division, entity, or location in New York City, but remains employed by the University, such employee is entitled to all safe and sick leave accrued at the prior division, entity or location and is entitled to retain or use all safe and sick leave as provided for in the Paid Safe and Sick Leave Laws. When there is a separation from employment and the employee is rehired within six (6) months of separation by the University, previously accrued safe and sick leave that was not used shall be reinstated and such employee shall be entitled to use such accrued safe and sick leave at any time after such employee is rehired, provided that the University shall not be required to reinstate such safe and sick leave to the extent the employee was paid for unused accrued safe and sick leave time prior to separation and the employee agreed to accept such pay for such unused safe and sick leave.
B. Additional Safe Leave for Westchester County Employees
For eligible employees working in Westchester, please refer to additional information about Safe Leave here.
C. Safe and sick leave Defined, Procedures for Use, Required Documentation, & Misuse
Sick leave can be used for the following purposes:
- Employee’s own mental or physical illness, injury or health condition; or need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; or need for preventative medical care;
- Care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition or who needs preventative medical care; and/or
- Closure of an employee’s place of business by order of a public official due to a public health emergency or such employee’s need to care for a child whose school or childcare provider has been closed by order of a public official due to a public health emergency.
For an absence of more than five (5) consecutive workdays for sick leave, the University may require reasonable documentation that the use of sick leave was authorized by the Paid Safe and Sick Leave Laws. Documentation must be signed by a licensed health care provider indicating the need for the amount of sick leave taken but need not specify the nature of the employee’s or the employee’s family member’s injury, illness, or condition, except as required by law. If requested by the University, documentation must be submitted to [email protected] within seven (7) calendar days of the employee’s return to work. If the University requests documentation from an employee to support the use of sick leave and the licensed health care provider charges the employee a fee for obtaining this documentation, the University will reimburse the employee for this fee. Requests for reimbursement must be submitted to [email protected]. Also, for absences that last more than five (5) consecutive work days due to the employee’s own illness, injury, medical condition or disability, employees must contact the Office of Human Resources Management at [email protected] regarding short-term disability eligibility.
Safe leave can be used for the following purposes:
- When an employee or an employee’s family member is the victim of any act or threat of domestic violence or unwanted sexual contact, stalking, or human trafficking and needs to take actions necessary to restore the physical, psychological, or economic health or safety of the employee or the employee’s family members or to protect those who associate or work with the employee, including to:
- Obtain services from a domestic violence shelter, rape crisis center, or other shelter or services program for relief from a family offense matter, sexual offense, stalking, or human trafficking;
- Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members from future family offense matters, sexual offenses, stalking, or human trafficking;
- Meet with a civil attorney or other social service provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding, including but not limited to, matters related to a family offense matter, sexual offense, stalking, human trafficking, custody, visitation, matrimonial issues, orders of protection, immigration, housing, discrimination in employment, housing, or consumer credit;
- File a complaint or domestic incident report with law enforcement;
- Meet with a district attorney’s office;
- Enroll children in a new school; and/or
- Take any other actions necessary to ensure the health or safety of the employee or the employee’s family member or to protect those who associate or work with the employee.
For an absence of more than five (5) consecutive workdays for safe leave, the University may require reasonable documentation that the use of the leave is covered by the Paid Safe and Sick Leave Laws. Reasonable documentation includes (1) documentation signed by an employee, agent, or volunteer of a victim services organization; (2) documentation signed by an attorney; (3) documentation signed by a member of the clergy; (4) documentation signed by a medical or other professional service provider from whom the employee or that employee's family member has sought assistance in addressing domestic violence, family offense matters, sex offenses, stalking, or human trafficking and their effects; (5) a police or court record; or (6) a notarized letter from the employee indicating the need for the amount of safe leave taken. The documentation need not specify the details of the domestic violence, family offense matter, sexual offense, stalking, or human trafficking. If requested by the University, documentation must be submitted to [email protected] within seven (7) calendar days of the employee’s return to work. If the University requests documentation from an employee to support the use of safe leave, the University will reimburse the employee for all reasonable costs or expenses incurred for the purpose of obtaining this documentation. Requests for reimbursement must be submitted in writing to [email protected].
An employee must make an oral or written request to their direct supervisor or academic leader to use safe or sick leave. If possible, employees should provide reasonable notice of the need to use safe or sick leave. When the need for the leave is foreseeable, the University requires reasonable advance notice of not less than seven (7) days prior to the date such safe or sick leave is set to begin. When the need for the leave is not foreseeable, the University requires an employee to provide notice of the need for the use of safe or sick leave as soon as practicable.
The University will not, under any circumstances, require the disclosure of details relating to an employee's or their family member's medical condition or require the disclosure of details relating to an employee's or his, her or their family member's status as a victim of domestic violence, family offenses, sexual offenses, stalking, or human trafficking as a condition of providing safe or sick leave. This information is considered confidential and will not be disclosed, except by the affected employee, without the written permission of the affected employee or as required by law.
The University may take disciplinary action, up to and including termination, against an employee who uses safe or sick leave for purposes other than those described in this section.
The University does not require any employee to work additional hours to make up for the time spent utilizing sick leave or safe leave, nor does the University require any employee to search for or find a replacement employee to cover the hours during which the employee is absent.
D. Minimum Use Increments
Under the Paid Safe and Sick Leave Laws, employers may set a reasonable minimum increment for the use of safe and sick leave. Unless explicitly stated elsewhere in this Policy, all exempt Eligible Employees may not use safe or sick leave in increments of less than a half day. Non-exempt Eligible Employees may use safe and sick time in 15-minute increments when filling out timesheets.
E. Required Notices & Balances
All Eligible Employees will be provided with a notice of their rights under the Paid Safe and Sick Leave Laws upon hire. This notice shall include the accrual and use of safe and sick leave, the calendar year of the employer, and the right to be free from retaliation and to file a complaint with the New York State Department of Labor and/or the New York City Department of Consumer and Worker Protection. This notice will be provided in English and the primary language spoken by that employee. This notice will also be conspicuously posted in an area accessible to all University employees.
Additionally, the Paid Safe and Sick Leave Laws require the amount of safe and sick leave balance be noted on an employee’s pay statement or other form of written documentation. Administrators can find the amount of safe and sick leave accrued on MyTime, the University’s official Time and Attendance software. Full-time tenured/tenure-track faculty and full-time non-tenure track faculty, and part-time Athletics coaches will be able to find the amount of safe and sick leave accrued on MyTime, effective January 1, 2024. Non-exempt Eligible Employees can find the amount of safe and sick leave accrued on the Banner Dashboard.
An employee may also make an oral or written request to the Office of Human Resources management for a summary of the amounts of safe or sick leave accrued and used by the employee in the current and/or any previous calendar year. The University will provide such information to the employee within three (3) business days of the request.
Should you have any questions about your accrual or balance of safe or sick leave, please feel free to contact the Office of Human Resources Management at [email protected] or via phone at 718-817-4930.
F. Pay
The University will pay any Eligible Employee using safe or sick leave at the employee’s regular rate of pay at the time the paid safe or sick leave is taken. If an employee uses paid safe or sick leave during hours that would have been designated overtime, the University is not required to pay the overtime rate of pay.
If the University has requested but does not receive reasonable documentation, as defined in Section C above, the University may withhold pay for the used safe or sick leave until the employee provides such reasonable documentation.
Paid safe or sick leave will be paid no later than the completion of the next regular payroll period beginning after the safe or sick leave was used.
Any accrued but unused safe or sick leave will not be paid out upon termination, resignation, retirement, or other separation from employment from the University, unless it is in accordance with the terms and conditions of a CBA.
G. Protection from Discrimination and Retaliation
The University will not, under any circumstance, discriminate or retaliate against any employee for inquiring about, requesting, or using paid safe or sick leave under the Paid Safe and Sick Leave Laws and/or Westchester County’s Safe Time Leave Law.
The University will not, under any circumstance, take any adverse action against any employee to penalize, and/or deter any employee from, exercising or attempting to exercise his, her, or their rights under the Paid Safe and Sick Leave Laws and/or Westchester County’s Safe Time Leave Law. Adverse actions include, but are not limited to, threats, intimidation, discipline, discharge, demotion, suspension, harassment, discrimination, reduction in hours or pay, informing another employer of an employee's exercise of rights, blacklisting, and maintenance or application of an absence control policy that counts protected leave for safe/sick time as an absence that may lead to or result in an adverse action. Adverse actions also include actions related to perceived immigration status or work authorization.
An employee need not explicitly refer to a provision in the Paid Safe and Sick Leave Laws to be protected from an adverse action. Protections under the Paid Safe and Sick Leave Laws also apply to any person who mistakenly but in good faith asserts their rights or alleges a violation of this Policy or applicable law.
Employees may refer complaints to:
- For employees who primarily work in Westchester County: Westchester County Department of Consumer Protection - Visit consumer.westchestergov.com or call (914) 995-2155 for information. Employees who primarily work in Westchester may also file a complaint in a court of competent jurisdiction within one year of an alleged violation.
- For employees who primarily work in New York City: New York City Department of Consumer and Worker Protection (“DCWP”) - The complaint form is available online at nyc.gov/workers or employees may contact 311 (212-NEW-YORK outside NYC). Employees can call 311 and ask to be transferred to a DCWP representative to assist them in filing a complaint over the phone. Employees must file their complaint within two years of the date they knew or should have known of the violation(s) they allege.
- Any employee may file a complaint with the New York State Department of Labor by calling (888) 469-7365. For more information about New York State Paid Sick Leave Law, including additional FAQs, regulations, and more, please visit ny.gov/paidsickleave.
Contacts
Kamal Joshi, SHRM-SCP
Senior Associate Vice President of Human Resources
718-817-4930
[email protected]
Gülay Siouzios
Director of Labor and Employee Relations
718-817-3897
[email protected]
Cross Reference to Related Policies
Employee Handbook
Local 153 CBA
Local 810 CBA
Replaces previous policies published on
- August 19, 2023
- June 4, 2018