Policy Statement

Manhattan College has generous sick leave policies; however, under New York City’s Earned Safe and Sick Time Act, eligible employees can now use up to fifty-six  (56) hours of their sick time as paid “safe/sick time” for the reasons described below. An employee’s use of safe/sick time under this Law automatically runs concurrently with use of paid sick time under any other applicable college policies and collective bargaining agreements. Anything beyond fifty-six (56) hours is subject to the requirements of the applicable policies and collective bargaining agreements.

Who Should Read The Policy

All Employees

Links and Resources

Employee Handbook

NYC's Paid Safe and Sick Leave Law

Notice of Employee Rights

Terms and Definitions

The following definitions shall apply for purposes of this policy only:

• “Calendar year” is defined as the college’s fiscal year which runs from July 1 – June 30.
• “Family member” is defined as the employee’s spouse or domestic partner, children (including step children and adopted children), parents, grandparents, siblings (including adopted siblings), any individual related to the covered employee by blood, any individual whose close association with the employee is the equivalent of a family relationship, and the parents and children of the employee’s spouse or domestic partner.
• “Family offense matter” is defined as an act or threat of an act that may constitute disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, strangulation, criminal obstruction of breathing or blood circulation, assault, an attempted assault, certain thefts (identity theft, grand larceny, and coercion) when the thefts occur between certain individuals (spouses and former spouses; parent and child; or members of the same family or household).
• “New York City” is defined as including the Bronx, Staten Island, Brooklyn, Queens, and Manhattan.

The Policy

Manhattan College has generous sick leave policies; however, under New York City’s Earned Safe and Sick Time Act, eligible employees can now use up to fifty-six (56) hours of their sick time as paid “safe/sick time” for the reasons described below. An employee’s use of safe/sick time under this Law automatically runs concurrently with use of paid sick time under any other applicable college policies and collective bargaining agreements. Anything beyond fifty-six (56) hours is subject to the requirements of the applicable policies and collective bargaining agreements.

I. Eligibility

Safe/sick time begins to accrue on the first day of employment. Employees are eligible to use safe/sick time once they have been employed by Manhattan College for at least 120 days and have worked at least 80 hours per year within the geographical boundaries of New York City. Such employees are referred to as “covered employees” for purposes of this policy.

II. Available Leave

A covered employee’s entitlement to paid safe/sick leave is based on each employee’s projected hours of regularly-scheduled work within New York City during the calendar year:

• A covered employee who is projected to work 300 hours or more within New York City during the calendar year, shall be entitled to 56 hours of paid safe/sick leave per calendar year. This paid safe/sick time will accrue to the covered employee as described in Section 6.2.3 of the Employee Handbook or the applicable collective bargaining agreement and will be available for immediate use at any time during that calendar year.
• A covered employee who is projected to work less than 300 hours within New York City during the calendar year shall be entitled to one (1) hour of paid safe/sick leave for every thirty (30) hours worked within New York City, up to a maximum of fifty-six (56) hours of paid safe/sick leave per calendar year.
• Accrued paid safe/sick leave that has not been used by the end of the calendar year can be carried over to the following calendar year up to a maximum carry over of fifty-six (56) hours.

III. Use of Leave

Covered employees may use this paid sick leave for any of the following reasons:

• The employee’s own mental or physical illness, injury, or health condition;
• To receive care or treatment for the employee’s own mental or physical illness, injury, or health condition, including care or treatment of the family member for diagnosis and/or preventative medical care;
• To care for a family member who has a mental or physical illness, injury, or health condition, including the care or treatment of the family member for diagnosis and/or preventative medical care;
• On days when Manhattan College, the school the employee’s child attends, or the employee’s child care provider is closed due to a public health emergency;
• When either the employee or his/her family member is a victim of stalking, a sexual offense, human trafficking, or other family offense matter, and needs to use leave for one or more of the following: (a) to obtain services from a domestic violence shelter, rape crisis center, or other shelter or services program; (b) to participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members; (c) to meet with an attorney or social service provider to obtain information, advice, and/or prepare for a civil or criminal proceeding relating to a family offense matter, custody, visitation, matrimonial issues, orders of protection, immigration, housing, discrimination in employment, housing, or consumer credit; (d) to file a complaint or domestic incident report with law enforcement; (e) to meet with a district attorney’s office; (f) to enroll children in a new school; or (g) to take other actions necessary to maintain, improve, or restore the physical, psychological, or economic health or safety of the employee or the employee’s family member, or to protect those who associate or work with the employee.

Covered employees may only use paid safe/sick time in increments of four (4) or more hours. An employee’s use of safe/sick time is not conditioned upon searching for or finding a replacement worker. If a covered employee uses paid safe/sick leave for three (3) or more consecutive workdays, Manhattan
College may require that a covered employee provide documentation to demonstrate his/her need for leave is a qualifying reason as stated above.

IV. Notice Requirements

If the covered employee’s need to use paid safe/sick leave is foreseeable (for example, for planned medical treatment of the employee or his/her family member), the covered employee must provide Manhattan College with seven (7) days’ advance notice. Such notice must be made in writing and submitted to the employee’s supervisor or department head, by email or hand-delivery, no less than seven (7) days prior to the date such paid safe/sick leave is to begin. Failure to provide this notice for use of foreseeable safe/sick leave may result in a denial of the request to use paid safe/sick leave on the desired date(s).

If the covered employee’s need to use paid safe/sick leave is not foreseeable (for example, in a medical emergency), the employee must provide notice to Manhattan College as soon as reasonably practicable by calling or emailing their supervisor or department head as soon as reasonably practicable. You may leave a voicemail message if your supervisor or department head is not available.

V. Interference and Retaliation Prohibited

This policy will be administered in accordance with the New York City Earned Safe and Sick Time Act (the “Act”). Manhattan College will not interfere with a covered employee’s attempt to exercise any of his/her rights under the Act. Nor will Manhattan College take, or threaten to take, any adverse employment action against an employee for exercising his/her rights under the Act.

VI. Misuse Prohibited

The misuse of safe/sick leave is prohibited and will result in discipline. Signs of misuse include, but are
not limited to:

• Using unscheduled sick leave on or adjacent to weekends, regularly scheduled days off, holidays, vacation, or pay days
• Taking safe/sick leave on days when other requests for leave have been denied
• Taking safe/sick leave on days when the employee is scheduled to work a shift or perform duties perceived as undesirable

VII. Record Keeping

Manhattan College keeps and maintains records for at least three (3) years documenting compliance with the requirements of the Act, including employment, payroll, and time keeping records.

Contact Information

I. Policy Contacts

• Barbara Fabe, Vice President, Human Resources
• Telephone: 718-862-7392
• Email: humanresources@manhattan.edu
• Human Resources