07/13/2021
MEMO TO MEMBERS OF TIOGA DOWNS LOCAL 195 REGARDING NYS PAID SICK LEAVE:
There has been a lot of confusion about how the NYS Paid Sick Leave works. I met with Wendy Schrader and we sorted out the details that hopefully answers all of your questions.
Accrual rates: Former PTO accrual rates were as stated in the contract. With the combined PSL/PTO policy, the accrual rates actually go up, allowing for employees to accrue at a faster rate. This being said, the accrual rate will stop when the maximum allotment is achieved according to the union contract and NYS law.
Vacations: Because the company (according to NYS law) is allowed to move PTO hours to qualify for PSL, you are allowed to use PSL hours when scheduling your vacation.
Use your PTO first, and if there aren’t enough hours in your bank, you can use PSL to cover it.
Doctor’s notes: The company is not allowed to request doctor’s notes when employees use PSL. If the employee has to be out longer, FMLA paperwork may be requested and the employee may have to transfer to temporary disability. The union contract states that employees being out longer than three days may be required to produce a doctor’s not. This DOES NOT APPLY to PSL days.
Additional sick days: In the union contract, there are employees who have been with the company for five years or longer that gained an additional sick day, for a total of four.
Because the system calculates PSL days at the three-day rate, these employees actually can use 64 hours of sick time as opposed to the 56 hours total.
The difference between PSL and PFL (Paid Family Leave): There was confusion about the difference between the two, which I hope this clarifies
•• WHOM DOES IT COVER?
PFL: Does NOT cover the employee themselves, but it covers those people whom the employee cares for. It is intended to provide employees the opportunity to care for a newborn child or eligible family member with a serious illness.
PSL: Covers the employee themselves, as well as family members whom the employee cares for.
•• HOW IS IT FUNDED?
PFL: is an insurance that the employer must obtain, and can be funded by either the employer or employee. If employee-funded, employees will see a small deduction in their checks. Employees who take advantage of PFL will receive a separate paycheck from the insurance carrier.
PSL: Tioga Downs uses the accrual method, but must show that they credit the employee one hour for every thirty hours actually worked beginning from September 30, 2020 and available beginning January 1, 2021. It is managed and paid for by the Company themselves. The company is responsible for accurately keeping track of accruals.
•• HOW IS IT USED?
PFL: eligible employees can take up to 12 weeks of PFL per 12-month period once they have been employed for 26 consecutive weeks and regularly work more than 20 or more hours per week OR 175 total days if they work less than 20 hours per week. Employees must apply for PFL first.
PSL: Employees can use PSL immediately after they accrued the first hour. No application is necessary to use it, and the employer cannot request medical notes.
•• CAN UNUSED TIME BE ROLLED OVER?
PFL: Unfortunately not. It is a “use it or lose it” situation.
PSL: Yes. An employee can rollover up to the total amount of unused paid or unpaid sick leave per 12-month period. However, the company can still cap it off to a total of 56 hours per year.
**Previously, upon resignation in good standing with the company, sick time was not paid out, only PTO. With the combined policy, ALL PSL/PTO time is paid out.
IF YOU HAVE ANY FURTHER QUESTIONS, PLEASE CONTACT WENDY SCHRADER
Office: 607-699-7681
Cell: 607-215-9756
email: wschrader@tiogadowns.com
Erin Young
Union Business Agent
Workers United
eyoung@rrjb.org
