On April 3, 2020, Governor Cuomo signed legislation establishing the right to paid leave for New Yorkers.

Frequently Asked Questions

Employees began accruing leave on September 30, 2020 and may start using accrued leave on January 1, 2021.

All private-sector employees in New York State are covered, including all full-time, part-time, hourly, and student employees.

The new law enacts changes to sick time accrual rates, sick time carryover amounts, the permitted uses of sick leave, and expands definitions for “Covered Family Members”.

Under the new law, sick leave is accrued at the rate of one (1) hour of sick time for every thirty (30) hours of time worked up to a maximum of fifty-six (56) hours per year.

Not necessarily, if your CBA provides a greater benefit than the law, then there is no impact on your sick leave. If your CBA provides a lesser benefit (or no benefit at all), then the new law will impact your sick leave.

AAUP

  • Full-time faculty will be credited with 50 hours of sick time at the beginning of the academic year (based on a 40-hour workweek x 38 weeks).
  • Adjunct faculty teaching by the credit are considered to be working three (3) hours per week per credit hours (for example, a 3-credit course will be considered a 9-hour workweek for the purposes of accruing sick time).
  • Adjunct Librarian hours will coincide with the hours assigned by the Dean of University Libraries and as submitted on timesheets on the online portal.

APPWLU

  • Sick time accruals for all full-time employees will remain the same as detailed in your CBA and are not affected by the new law.
  • Part-time employees with greater than one (1) year of service will be credited with 44 hours of sick time at the beginning of the academic year (based on a 25-hour workweek).
  • Part-time employees with less than one (1) year of service will accrue sick leave at the rate of one (1) hour of sick time for every thirty (30) hours of time worked up to a maximum of fifty-six (56) hours per year.

Local 153

  • Sick time accruals for all full-time employees will remain the same as detailed in your CBA and are not affected by the new law.
  • PPT employees with greater than one (1) year of service will be credited with 44 hours of sick time at the beginning of the academic year (based on a 25-hour workweek).
  • PPT employees with less than one (1) year of service will accrue sick leave at the rate of one (1) hour of sick time for every thirty (30) hours of time worked up to a maximum of fifty-six (56) hours per year.

Local 1102

  • Sick time accruals for all full-time employees will remain the same as detailed in your CBA and are not affected by the new law.
  • Part-time employees with greater than one (1) year of service will be credited with 44 hours of sick time at the beginning of the academic year (based on a 25-hour workweek).
  • Part-time employees with less than one (1) year of service will accrue sick leave at the rate of one (1) hour of sick time for every thirty (30) hours of time worked up to a maximum of fifty-six (56) hours per year.

Non-Union Employees

  • Sick time accruals for all full-time employees will remain the same and are not affected by the new law.
  • Part-time, hourly and student employees will accrue one (1) hour of sick time for every thirty (30) hours worked, to a maximum of fifty-six (56) hours per year.

Public Safety

  • Sick time accruals for all full-time employees will remain the same as detailed in your CBA and are not affected by the new law.
  • Part-time Public Safety Officers will accrue sick leave at the rate of one (1) hour of sick time for every thirty (30) hours of time worked up to a maximum of fifty-six (56) hours per year.

AAUP

  • Effective Sept. 1, 2021, up to fifty-six (56) hours of sick time may be carried over into the following academic year.

APPWLU

  • Sick time carryover for all full-time and part-time employees will remain the same as detailed in your CBA and is not affected by the new law.

Local 153

  • Sick time carryover for all full-time and permanent part-time employees will remain the same as detailed in your CBA and is not affected by the new law.

Local 1102

  • Effective Sept. 1, 2021, full-time and part-time employees may carry over up to fifty-six (56) hours of sick time into the following academic year.
  • Accrued but unused sick leave days in each year will be paid before Christmas, added to vacation, or used as a floating holiday or floating holidays at the option of the employee.

Non-Union Employees

  • Effective Sept. 1, 2021:
    • Full-time employees may carry over up to seven (7) accrued but unused sick days into the following academic year (not to exceed a total of 17 sick days during one academic year).
    • Part-time, hourly, and student employees may carry over up to fifty-six (56) hours of sick time into the following academic year.

Public Safety

  • Effective Sept. 1, 2021, Public Safety Officers have the option to carryover up to 7.5 days of accrued but unused sick leave into the next contract year.
  • At the option of the employee, accrued but unused sick time in each year may be paid out at the end of the academic year, to a maximum of 14 days.

Employees may use accrued leave for “sick” or “safe” reasons impacting the employee or a covered member of their family for whom they are providing care.

  • “Family member” is defined as 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 as a 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 as a biological, step, adopted, or foster child, a legal ward, or a child of an employee standing in loco parentis
  • Sick leave applies to employees as well as covered family members.
  • Sick leave may be used for mental or physical illness, injury, or diagnosis, care, treatment, or preventative care for mental or physical illness or injury.
  • Safe leave applies to employees as well as covered family members.
  • Safe leave may be used for absences related to an employee’s and/or covered family member’s status as a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking.

AAUP

  • The minimum amount of sick time that can be utilized is either four (4) hours for full-time faculty, or for part-time faculty, the scheduled class time for that day.

APPWLU

  • The minimum amount of sick time that can be utilized is either ½ day for full-time employees or for part-time employees, the scheduled shift for that day.

Local 153

  • The minimum amount of sick time that can be utilized is either ½ day for full-time employees or for permanent part-time (PPT) employees, the scheduled shift for that day.

Local 1102

  • The minimum amount of sick time that can be utilized is either ½ day for full-time employees or for part-time employees, the scheduled shift for that day.

Non-Union

  • The minimum amount of sick time that can be utilized is either ½ day for full and part-time employees, or for students and hourly employees, the scheduled shift for that day, whichever is the lesser figure.

Public Safety

  • The minimum amount of sick time that can be utilized is either ½ day for full-time employees or for part-time employees, the scheduled shift for that day.

AAUP

  • Unused sick days are not payable upon termination of employment.

APPWLU

  • Employees who leave the employ of the university will only be paid for those sick days accrued, but unused, to that date.

Local 153

  • Unused sick days are not payable upon termination of employment.

Local 1102

  • Upon termination of employment, employees will be paid for accrued but unused sick days.

Non-Union

  • Unused sick days are not payable upon termination of employment.

Public Safety

  • Employees who leave the employ of the university will only be paid for those sick days accrued, but unused, to that date.

Current policies and practices regarding the utilization of sick time remain in full force and effect and are unchanged by the new law.

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