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NEW YORK CITY SAFE AND SICK LEAVE POLICY (NY)

[Paid/Unpaid] Safe and Sick Leave

Right Start Development, llc provides New York City employees with [paid/unpaid] safe and sick leave pursuant to New York City's Earned Safe and Sick Time Act. Employees are eligible to accrue [paid/unpaid] safe and sick leave starting with their first day of employment. [Instead of using an accrual method, Right Start Development, llc provides its employees with safe and sick leave up front, as permitted under New York City law.]

[Accrual of Safe and Sick Leave

Employees are eligible to accrue 40 hours of safe and sick leave each calendar year. [For purposes of this policy, a calendar year is a period of 12 consecutive months from January to December. Safe and sick leave is accrued at a rate of [one hour for every 30 hours worked up to a maximum of 40 hours.

Use of Safe and Sick Leave

Employees are eligible to take [accrued] safe and sick leave immediately. [Employees may use up to 40hours of safe and sick leave per year. Safe and sick leave must be taken in a minimum increment of four hours. [

Employees may take sick leave for:

a. the employee's own preventative care, physical or mental illness, injury, or heath condition, or need for medical diagnosis, care, or treatment;

b. the diagnosis, care, or treatment of an existing health condition of or preventive care for an employee's family member (defined below); or

c. closure of the employee's place of business or the school or childcare provider of the employee's child by order of a public health official due to a public health emergency.

Employees may take safe leave if the employee or a family member has been the victim of certain covered offenses, including domestic violence, a family offense matter, sexual offense, stalking, or human trafficking ("Covered Offense"), in order to:

a. obtain services from a domestic violence shelter, rape crisis center, or other shelter or services program for relief from a Covered Offense;

b. participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee's family member from future Covered Offenses;

c. meet with a civil attorney or other social service provider to obtain information and advice on or prepare or participate in a criminal or civil proceeding related to a Covered Offense or related to custody, visitation, matrimonial issues, orders of protection, immigration, housing, or discrimination in employment, housing, or consumer credit;

d. file a complaint or domestic incident report with law enforcement;

e. meet with a district attorney;

f. enroll children in a new school; or

g. take other actions necessary to maintain, improve, or restore the physical, psychological, or economic health or safety of the employee or employee's family member or to protect those who associate or work with the employee.

[Employees affected by COVID-19 quarantine, or who need time off to receive a vaccine for COVID-19 are entitled to:

a. [Fourteen days of paid sick leave/Five days of paid sick leave/Unpaid sick leave] during a mandatory or precautionary order of quarantine or isolation due to COVID-19. [After five days of paid sick leave, employees are eligible for paid family leave and disability benefits for the duration of any period of quarantine.]

b. Up to four hours of leave per injection to receive a vaccine for COVID-19.

For purposes of this policy, family member means an employee's spouse, domestic partner, child, including a biological, adopted, or foster child, legal ward, or child of an employee standing in loco parentis, parent, including a biological, adoptive, foster, or step-parent, legal guardian of an employee, or person who stood in loco parentis when the employee was a minor child, sibling, including half siblings, step-siblings, and siblings related through adoption, grandchild, grandparent, the child or parent or 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.

Any employee who needs to take a safe or sick day must, except in emergency circumstances, contact their supervisor If the need for safe and sick leave is foreseeable, the employee should request the time at least seven days in advance, or as soon as possible.

[Verification and Documentation of Proper Use of Safe and Sick Leave

[Any employee who takes safe and sick leave in any amount may be required to confirm that the employee used the time for authorized purposes by providing written verification 

Any employee who takes more than three consecutive sick days must provide documentation by their health care provider attesting to the employee's, or their family member's, illness [and the employee's fitness to return to work]. Any employee who takes more than three consecutive safe time days must provide written documentation of the authorized use of safe time, which may include signed documentation from a victim services agency, attorney, clergy member, or medical or professional services provider, a police or court record, or a notarized letter from the employee. Documentation must be submitted no less than seven days after the employee returns to work. Right Start Development, llc will provide reimbursement for any reasonable cost or expense associated with obtaining the required documentation. Failure to provide required documentation will result in termination.

Confidentiality and Nondisclosure

Right Start Development, llc cannot under this policy require an employee or a healthcare provider or other service provider to disclose the details of any medical condition or covered offense relating to the employee or a family member which requires the employee to take safe or sick leave. Any information which the employee does disclose with respect to a safe and sick leave request, or information contained in a verification or documentation of proper use of safe and sick leave will be treated by Right Start Development, llc ] as confidential and will not be disclosed except by the affected employee, with the written permission of the affected employee, or as required by law.

[No] Carryover

[Employees may carry over [up to [56/40/[OTHER NUMBER]] hours of] accrued but unused safe and sick leave to the subsequent calendar year.

Safe and Sick Leave at Employment Termination 

On termination of employment for any reason, employees [forfeit any accrued but unused safe and sick leave/will be paid for [any/up to [NUMBER] hours of] accrued but unused safe and sick leave at [the employee's final rate of pay/[RATE]]].

[If an employee is rehired within six months of the date of termination, any sick leave that was forfeited upon termination will be reinstated. Reinstated leave will be available for the employee to use immediately.]

Administration of This Policy

Right Start Development, llc is responsible for the administration of Right Start Development, llc  Safe and Sick Leave Policy. If you have any questions regarding this policy or if you have questions about safe and sick leave that are not addressed in this policy, please contact info@rsdei.com.

Any employee who abuses this policy will be subject to disciplinary action, up to and including termination of employment.

No Retaliation

Right Start Development, llc expressly prohibits any form of discipline, reprisal, intimidation, retaliation, or discrimination against any individual for requesting or taking safe and sick leave, or filing a complaint for violations of this policy or applicable state or local law.

Right Start Development, llc is committed to enforcing this policy and prohibiting retaliation against employees who request or take safe and sick leave under this policy, or who file a related complaint. However, the effectiveness of our efforts depends largely on individuals telling us about inappropriate workplace conduct. If employees feel that they or someone else may have been subjected to conduct that violates this policy, they should report it immediately to the Owners. If employees do not report retaliatory conduct, Right Start Development, llc may not become aware of a possible violation of this policy and may not be able to take appropriate corrective action.