Paid Sick Leave (New York Employees)

The below information is included in theatreMAMA’s Employee Handbook:

Employees who work in New York may be entitled to paid sick leave under state law.

Basic Leave Entitlement:

Eligible employees may use up to 40 hours of accrued sick leave per year for the following purposes:

• For the employee's, or their family member's, mental or physical illness, injury, or health condition.

• For the employee's, or their family member's, diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, including preventative care.

• When the employee or their family member is a victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking. Leave may be used to obtain services, participate in safety planning, relocate, meet with an attorney or social services provider, participate in civil or criminal proceedings, file a complaint with law enforcement, enroll their child in a new school, or take any other action to ensure their health and safety.

Accrual and Carry Over:

Employees accrue paid sick leave at a rate of one hour for every 30 hours worked, up to 40 hours per year. Employees are generally entitled to carryover unused sick leave to the following year, but may not use more than 40 hours per year.

Leave Increments:

Employees are allowed to use paid leave in increments of no less than four hours.

Notice:

Employees may use accrued leave following a written request to their supervisor or Operations Manager. Employees wishing to request paid leave must fill out the Employee Notification of Intention to Use Earned Safe or Sick Leave Form provided by the NYC consumer and worker protection department.

After taking leave, the employee must also fill out the Employee Verification Regarding Authorized Use of Earned Safe and Sick Leave Form and return it to the Operations Manager.

If the need for leave is foreseeable, employees must provide 10 days' advance notice of their need for leave under this policy and the anticipated duration of the leave. Otherwise, employees must generally follow theatreMAMA's regular reporting procedures for unscheduled absences. When possible, employees should make a reasonable effort to schedule sick leave so it does not unduly disrupt theatreMAMA operations.

Pay:

The sick leave provided under this policy is paid. Employees will generally be paid the same rate of pay with the same benefits as they normally earn.

Retaliation Prohibited:

theatreMAMA will not retaliate against, or interfere with, employees exercising their rights under the law.

Job Reinstatement:

Upon expiration of the leave, an employee will generally be reinstated to his or her position with equivalent seniority, benefits, pay, and other terms and conditions of employment.

Unused Sick Leave at Termination:

Unless an employer policy or collective bargaining agreement provides otherwise, employees are not entitled to payment of unused sick leave upon separation from employment.

Relationship with Other Leave Policies:

If a law, regulation or policy provides for greater accrual or use of sick days, the law, regulation or policy with the greater protection may apply. For questions regarding the interplay between your entitlement to leave under other laws, regulations or policies and your entitlement to leave under this policy, please contact the Operations Manager.