Staff Handbook

Time Off from Work

The University administers holiday and vacation policies based on the academic year, which is from September 1 through August 31.

Holidays, Personal Holidays, and Religious Holidays

Scheduled University Holidays

There are typically 14 scheduled University holidays in each academic year. For the current holiday schedule, refer to the Collective Bargaining Agreement. The schedule is also usually posted in your office. If not, you may obtain a copy from your Human Resources Representative.

For specifics regarding holiday pay and entitlement, please see Article 22 of the Collective Bargaining Agreement.

Personal Holidays

In addition to scheduled holidays, full-time employees are entitled to two personal holidays during the academic year. Part-time employees are entitled to an equivalent number of part-time days, depending on their schedule. These may be scheduled at a time convenient to you, your office, and the University, with the prior approval of the person to whom you report.

New Employees: The number of personal holidays to which you are entitled during your first academic year of employment depends on when you began working at NYU.

You must successfully complete your probationary period before taking a personal holiday. They must be scheduled in advance with your supervisor and may be taken only with his or her approval. You may not take personal days during the last two weeks of your employment.

Religious Holidays

You may take off time for religious holidays not included in the official University schedule with the permission of the person to whom you report. Such time off must either be covered by a personal holiday or a vacation day if you are entitled to one at the time, or taken without pay. If additional work is available (and your supervisor approves), you may also make up the time.

back to top

Vacation

New NYU employees earn vacation at a rate of 10 days per year (.83 days per month).

Vacation Entitlement for Full-Time Employees with Less Than One Year of NYU Employment

If you started after September 15, you will earn less than 10 days during your first academic year (September 1 - August 31), as shown on the following chart (rounded to the nearest half day).

For a full-time employee, one day = 7 hours.

Vacation Entitlement for Full-Time Employees with One or More Years of Employment at NYU

Your length of employment at NYU affects the rate at which you earn vacation and your total annual vacation entitlement. The first column of the chart below shows the years of NYU employment completed by the next September 15. The second column shows your monthly vacation accumulation for the current academic year (e.g., if you began work on July 10, 1999, and will reach your third anniversary of employment on July 10, 2002, then you will earn 1.25 vacation days a month beginning with September 2001.)

How Vacation Is Credited

Vacation Entitlement for Part-Time Staff

Part-time regular employees receive vacation at a rate proportional to the number of hours worked per week. To compute your vacation entitlement, multiply the number of hours you are scheduled to work per week by the number of weeks’ vacation entitlement for your length of service (see chart above). This gives annual vacation accumulation in hours.

For example, if you work 18 hours per week and will have less than three years of service by the coming September 15 will receive an annual vacation accumulation of 18 x 2 = 36 hours.

Official Vacation Period

The official vacation period of each School or Division of the University consists of no less than twelve consecutive weeks during the months of May through September. The University will notify you of each official vacation period by January 31 of that year. With your supervisor’s approval, and depending on office workload, you may schedule vacation time before May 1, but may schedule no more vacation than has been earned up to that point.

Important Policies on Vacations

• You become eligible to take vacation after you have worked for NYU for six months.
• Always ask your supervisor well in advance for permission to use vacation time, since when you may take your vacation depends on the workload of your office.
• Vacation may be taken in whole and/or half days.
• With the approval of the person to whom you report, you may take your accumulated vacation days at any time during the year. However, the usual vacation period is June 1 through September 15. On June 1, you are advanced credit for June, July, and August so that you may use the balance of your vacation entitlement for that academic year during the summer.
• With your supervisor’s permission, you may take days you have already earned (accumulated) at any time of the year.

Carrying Over Vacation

With your supervisor’s approval, you may carry unused vacation credit into the next academic year (Sept. 1 - Aug. 31) to be used before April 1 of that year. You may carry up to half of your previous year’s vacation entitlement (see below) past April 1, but this requires the prior authorization of your supervisor. (For example, employees earning 10 vacation days in the 2000-2001 academic year may carry over up to five days past April 1, 2002 with their supervisor’s permission.) All days carried over from the previous academic year must be taken by August 31. Exceptions to this rule may be allowed by the Assistant Vice President for Human Resources.

Vacation upon Separation

If you have given the required two-week notice when resigning from the University, you will be paid for your unused vacation accumulation.

back to top

Paid Sick Days and Disability Pay

Eligibility

Employees who have completed the three-month probationary period are eligible for paid sick days. Paid sick days are granted to regular employees in order to insure continuity of income when the employee is absent due to verifiable disability, including maternity disability. Each year, you may use up to six days of your paid sick time when necessary for the care of your sick child or the child of your registered domestic partner. Three of these six days may also be used when necessary to care for a sick spouse, registered domestic partner, parent, sibling, parent-in-law, grandparent, or grandchild. Waiting periods and allowances are described below.

Note: If the absence is due to injury on the job, see Workers’ Compensation.

Full-Time Employees

Full-time regular staff members receive credit for one paid sick day for each full calendar month worked, up to 12 per year. Unused days are accumulated from year to year; the bank of paid sick days may accumulate to a maximum of 120 days. For each day you are out sick, one paid day is withdrawn from your bank.

New Hires: Upon successful completion of the probationary period, each employee is credited with three paid sick days. Employees whose probationary period ends on or before the 15th day of the month accrue one sick day for that month if he or she completes a full period of service from the end of his or her probation to the end of the month. Employees whose probationary period ends after the 15th day of the month will not accrue a sick day for the period from the end of his or her probationary period to the end of the month. Sick days thereafter are accrued at the rate of one day per completed full calendar month of service, until you have worked at the University for one full year.

Part-Time Employees

Part-time regular employees who have completed the probationary period are eligible for prorated sick days based on the number of hours they are scheduled to work each week. (Eligibility for sick days follows the same guidelines as for full-time employees, as described above.) Use the formula below to determine the number of paid sick hours available to a part-time employee.

• Multiply by seven the number of sick days to which you would be entitled if you worked full-time. This converts days to hours.
• Divide the number of hours you work each week by 35 (a full time week) to determine what fraction of a full-time week you work.
• Multiply the answer from step 1 by the answer from step 2 to determine the maximum number of sick hours currently available.

Conditions Applicable to Sick Days

• You must notify your supervisor (or someone designated by your supervisor) early in the workday every day you will be out because of illness or disability.
• Sick pay will be given only for days already earned.
• Sick days may be used only for absence due to illness or disability. Your supervisor may require medical verification for any absence.
• Sick days may not be used during a vacation.
• If a holiday occurs while you are receiving paid sick days, you will be paid for the holiday in place of a sick day.
• If your illness/disability has lasted eight or more consecutive calendar days, and the disability is not work related, a New York State Disability Insurance form is required, as NYU sick leave benefits are integrated with New York State Disability benefits. See Illness or Disability of Eight or More Calendar Days, below. (Note: If the disability is work-related, see Workers’ Compensation.) If your illness leave is subject to the provisions of the Family and Medical Leave Act (FMLA), you will be asked to have you and your physician complete an FMLA Certification Form which will be given to you by your supervisor at the start of your sick leave.
• You may be disciplined or dismissed for abuse of the sick leave benefit or excessive loss of time.

Illness or Disability of Eight or More Consecutive Calendar Days

Work-Related Disability: Employees who are ill or disabled due to work-related illness or injury are covered by Workers’ Compensation.

Disability (Not Work-Related): This includes maternity disability. Based on your doctor’s report that you are unable to work, you may take the NYU sick days to which you are entitled at full pay. On the eighth consecutive calendar day of your disability you will be mailed a New York State Disability form (DB-450). You must fill this out and return it to the Benefits Office, even if you believe you have enough sick days to cover the duration of your disability. This form verifies your eligibility for NYU paid sick days, and will enable you to receive New York State disability payments if you deplete your paid sick days.

If you have used all of your sick days but your doctor says you are still unable to work, you may receive partial salary replacement benefits through New York State Disability Insurance. As long as you are still disabled, you can receive these benefits for a period of up to 26 weeks beginning on the eighth calendar day of your illness/disability. If you received full sick pay from NYU for any portion of this 26-week period, you will only receive New York State Disability benefits during the remainder of the 26-week period. In no case may you receive NYU sick days and New York State Disability benefits at the same time.

If you have exhausted your NYU paid sick days, you can apply for a leave of absence to protect your NYU employment and benefits.

Use of Vacation Pay During Illness

If you have exhausted your paid sick days and have been placed on an unpaid leave of absence, you may apply to use your accrued vacation time to supplement the partial salary replacement that you receive directly from New York State Disability Insurance. Using your accrued vacation time is not required; it is voluntary on your part.

Eligibility:

• You must have completed at least six (6) months of continuous employment in a regular position.
• You may use vacation pay for absence after the first seven (7) continuous calendar days of disability. You must exhaust your University sick pay first.
• The illness/disability must be certified by New York State Disability Insurance.
• You may use any number of vacation days you have accrued but not more than needed to cover the unpaid sick days until your anticipated return to work date (certified by your physician). If you return to work sooner than originally anticipated and you have been paid more vacation days than were needed to cover the unpaid sick time, you must return the pay for those vacation days.

Procedure:

• If you wish to use your accrued vacation days to cover sick days for which you have no University paid sick time left, apply to your Human Resources Representative in writing, indicating how many days of your vacation time you are requesting.
• Your Rep will verify the vacation days in your bank and forward your request to the Benefits Office for certification of disability and processing to the Payroll Department.
• You will be sent a special payment of the vacation days you have requested, however, your unpaid leave of absence status will not change until you are certified to return to work.

Illness or Disability of More than 26 Weeks

If the illness or disability is expected to continue for six months or longer, you may be eligible for benefits through the Total and Permanent Disability Benefit of your group life insurance and Social Security Disability. See Disability Insurance.

You should apply for TIAA and Social Security disability benefits as soon as you become aware that your disability will extend beyond six months. See Leave of Absence.

Returning to Work after Eight or More Consecutive Calendar Days

When your doctor indicates that you are well enough to return to work, you should notify your supervisor immediately of your intention to return, as well as the return date.

If you have been out for illness reasons for eight or more consecutive calendar days, the NYU Benefits Office will mail you an Employee Health Examination Report during your absence. You must have your treating physician complete the Employee Health Examination Report. Please review this form carefully. It cites situations when you may be required to make an appointment with the University Health Center for an examination before your return date.

When you have obtained the required clearances, present the Employee Health Examination Report signed by your physician to your HR Officer on the day you wish to return to work. If all documentation is properly completed, he or she will advise you to return to work.

If you are returning after a work-related disability of eight or more days, follow the procedures for Returning to Work Following a Work-Related Disability of Eight or More Days.

back to top

Leave of Absence

A leave of absence is an unpaid, authorized, temporary absence from the payroll. A leave is granted by the University to guarantee you continued employment and to protect certain benefits.

University Leave and FMLA

It is the policy of the University to provide family care and medical leave to eligible employees in accordance with the federal Family and Medical Leave Act of 1993 (FMLA). In cases where you are eligible for both University leave and FMLA leave, that leave time will run concurrently. In no event would your entitlement be less than what you are eligible for under FMLA. For more information, see Family and Medical Leave.

Illness or Maternity Disability Leave

Illness Leave: If your illness, injury, or disability continues after you have exhausted your available paid sick days, you may request to be placed on illness (or maternity disability) leave of absence.

To be eligible for an illness leave of absence, your disability must be covered by New York State Disability or Workers’ Compensation. See Illness or Disability of Eight or More Consecutive Calendar Days.

Normally, you may request an illness leave for up to three months, and apply for an extension of up to three additional months if the disability continues. However, if you are totally and permanently disabled, your total leave may be up to 12 months or until you are eligible for retirement, whichever comes first.

A leave of absence that lasts longer than two weeks requires the advance approval of the Assistant Vice President for Human Resources, and your office must report it on a Reemployment/Status Change(s) form.

A leave of two weeks or less may be approved by the person to whom you report.

Maternity Disability Leave

This covers disability resulting from pregnancy, childbirth, and/or the recovery period. Typically, for a normal birth with no complications, your doctor may consider you disabled for a week or two before the birth and six weeks postpartum. For a cesarean delivery, the postpartum recovery period will usually be extended to eight weeks. Some or all of this time might be covered by your sick day allowance. For the balance, if any, you should request an illness leave of absence.

After you are no longer disabled, you may be able to take paid vacation time and/or unpaid personal leave to care for your newborn, with the agreement of your supervisor. See Personal Leave and Conditions Applicable to All Leaves.

See Family and Medical Leave and Returning to Work After Eight or More Consecutive Calendar Days for further information.

Child Care Leave

If you have at least one year of continuous service, you will be granted, upon request, a leave of absence without pay not to exceed forty-five calendar days to take care of your dependent child or registered same-sex domestic partner’s dependent child. Up to 45 days of additional leave of absence for child care may be taken without pay, provided the total amount of time away from work, counting both illness leave and child care leave, does not exceed 135 calendar days. This child care leave may be taken immediately following illness leave taken in connection with the birth of the child, or within 12 months of the birth or adoption of a child. Child care leave of up to 12 weeks duration may be taken in each rolling 12-month period.

Personal Leave

Grants of personal leave are discretionary with the University, must be approved by the School/Unit's Human Resources Officer and are not subject to the grievance and arbitration provisions of the Local 3882 Collective Bargaining Agreement.

Conditions Applicable to All Leaves

• Failure to return to work on the first working day after your leave of absence expires constitutes grounds for separation on that date.
• If you wish to return to work at the University at any time beyond the first working day after your leave expires, you will be treated as a new applicant, and all prior seniority will be lost.
• Working at other employment while on leave constitutes grounds for termination.
See Family and Medical Leave.

Benefits During Leaves of Absence

Certain benefits can be continued during a leave, as described below. If you plan to take a leave of absence, it is your responsibility to contact the Benefits Office to arrange for continuation of benefits. For more information, see the corresponding benefits publication or contact the Benefits Office.

Insurance NYU will continue its contributions to your health, dental, and life insurance coverage while you are on leave. If you currently have coverage that requires a contribution from you, you must continue to make that contribution.

Social Security

Because you are not paid while on leave, no Social Security taxes are paid during that time. Eligibility for Social Security Disability or Retirement benefits depends on the number of quarters you have worked and paid Social Security taxes, so your eligibility for those benefits could be affected by a leave.

Tuition Remission

You may not use your individual employee tuition remission privileges while on leave. During your leave, your spouse and/or dependent children who are enrolled in a degree program may continue to use tuition remission toward the completion of a degree.

Vacation

You earn vacation credit for any month in which you receive 15 or more days of full pay.

Holidays

You are not paid for any holiday(s) which occur during your leave of absence. If a holiday falls on the first working day after the expiration date of your leave, you are not paid for the holiday. Your pay will resume on the first day you physically return to work.

back to top

Family and Medical Leave

The federal Family and Medical Leave Act of 1993 (FMLA), entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. In cases where you are eligible for both University leave and FMLA leave, that leave time will run concurrently.

The following is a summary of the University’s and your obligations under FMLA. For further details, including definitions and clarifications under FMLA, consult your Human Resources Representative or the Benefits Office.

Eligibility

To be eligible for FMLA benefits, you must have worked for NYU for a total of 12 months and have worked at least 1,250 hours over the previous 12 months.

FMLA Leave Entitlement

You may be granted up to a total of 12 work weeks of job-protected leave during any 12 month period for one or more of the following reasons: the birth of a child and to care for the newborn child during the first year following birth; for placement with you of a son or daughter for adoption or foster care; to care for an immediate family member (as defined by the University: spouse or registered domestic partner, child, or parent) with a serious health condition; to take medical leave when you are unable to work because of a serious health condition.

Spouses or registered domestic partners employed by the same employer are jointly entitled to a combined total of 12 work weeks of family leave for the birth and care of a newborn child, for placement of a child for adoption or foster care, and to care for a parent who has a serious health condition. Leave for birth and care, or placement for adoption or foster care must conclude within 12 months of the birth or placement.

Serious Health Condition and Certification as defined by the FMLA

Medical certification is required to support the need for FMLA leave due to a serious health condition affecting you or an immediate family member (spouse or registered domestic partner, child, or parent).

A serious health condition, as defined by FMLA, is explained in the form titled Certification of Health Care Provider. Please see your supervisor, Human Resources Representative, or the Benefits Office for further information. The medical certification should be provided no later than the time the leave begins and must be provided within 15 days after medical certification is requested. (Additional certification may be required at 30-day intervals; a health care provider representing the University may contact your health care provider and the University may require a second exam at its expense.)

Period of FMLA Leave

Your maximum entitlement under FMLA is determined at the time you request FMLA eligible leave. The University totals all FMLA leaves taken in the 12 months prior to the start of the leave being requested. Any FMLA time taken during the previous 12 months is subtracted from the maximum 12-week entitlement to determine how much FMLA leave remains to be used going forward.

FMLA leave may be taken intermittently when medically necessary to care for a seriously ill family member or because you are seriously ill and unable to work. If FMLA leave is for birth or adoption/foster care placement, use of intermittent leave is subject to your supervisor's approval.

Pay Policies During FMLA Leave

If you are ill (including maternity disability) and eligible for FMLA leave, you must charge the illness time to accumulated sick days. If sick days are exhausted and you are still ill, the remaining FMLA leave time may be partially covered by New York State Disability benefits. You may use up to six days of your paid sick time when necessary for the care of your sick child or the child of your registered domestic partner. Three of these six days may also be used when necessary to care for a sick spouse, registered domestic partner, or parent. After these days are exhausted, additional time may be covered by your accrued vacation time or personal days at your request, or taken without pay.

The following FMLA leaves may also be covered by your accrued vacation time or personal days at your request or taken without pay:

• birth or adoption of a child and to care for the newborn child
• placement of a child with you for adoption or foster care

Notice

You must provide 30 days advance notice of the need for FMLA leave when the need is foreseeable and such notice is practicable. If 30 days notice is not practicable, you are expected to give notice to your supervisor within no more than one or two working days after policies of the need for the leave. (Start of leave may be delayed for up to 30 days if you fail to give adequate notice without a reasonable excuse.) FMLA notification forms are available from your Human Resources Representative.

Benefits During FMLA Leave

You do not lose previously accrued benefits during FMLA leave. Rules for accruing vacation days and payment for holidays during leave are the same for FMLA leave as any other type of leave. See Benefits During Leaves of Absence.

Insurance benefits remain in effect during FMLA leave as they do with any other type of leave. You are required to contact the Benefits Office to make arrangements to pay any employee contributions to insurance plans while on leave.

Return from FMLA Leave

Whenever practicable, you should notify your supervisor two weeks in advance of your intention to return to work. A minimum of two days’ notice of intention to return to work is required.

If you have been out on leave due to a health condition for eight or more consecutive calendar days, you must provide written medical certification from a health care provider that you are fit to return to the job. See Returning to Work after Eight or More Consecutive Calendar Days.

Definitions Specific to FMLA Regulations

Spouse: husband, wife (Though not an FMLA regulation, the University extends coverage to registered domestic partners.)

Son or Daughter: a biological, adopted or foster child, a stepchild, a legal ward or a child of an employee standing in loco parentis, who is either under age 18, or age 18 or older and who is incapable of self care because of a mental or physical disability.

Parent: a biological parent of an employee, legal guardian, or an individual who stands or stood in loco parentis to an employee when the employee was a child. Parents-in-law are excluded.

back to top

Additional Time Off

Death in Family (Bereavement Pay)

You may take three (3) paid days off after the death of a spouse, registered domestic partner, parent, parent-in-law, legal guardian, brother, sister, child, or grandparent. Any of these days may be postponed for up to two (2) weeks from the date of the death, if necessary, in order for you to attend the funeral.

In addition, you may take one (1) paid day off to attend the funeral of a close relative other than those listed above.

Note: Proof of death may be required.

Military Encampment

Leaves of absence for the performance of military encampment duty with the United States Armed Forces or with a Reserve component thereof shall be granted up to a maximum of two weeks. You must present a copy of your military encampment orders to your supervisor. Those who are called to active duty for a period in excess of two weeks shall be entitled to leave of absence status and/or reemployment rights to the extent required by state and federal law. You may not be required, but may request, to use your earned vacation time during the period absent for military service.

Jury Duty

You must immediately show any subpoena or notice to report for jury duty to your supervisor. Your supervisor may request that you be excused from jury duty if your services on the job are essential at the time of the proposed jury service.

Once you have passed the three-month probationary period, NYU will pay you in full for the time necessary to qualify for, report to, or serve on a jury.

If you are paid by your state for jury service, you are required to reimburse NYU for the full amount paid (less carfare allowance). Contact the Payroll Department to make arrangements.

If you are on probation, you may request a statement from the University indicating that you are not entitled to receive NYU pay for jury duty served during the probationary period. This may help you obtain a postponement. However, if a postponement is not granted and you have not yet completed your probationary period, NYU will pay you the New York State per day requirement for your first three days of jury duty service.

On any full or partial days on which you are released from jury duty, you must report for work if you could return to NYU in time to perform at least three hours of work within your normal schedule. The three hours must be available after taking a normal lunch period and traveling to NYU.

When you complete jury duty, you should show your supervisor the slip received in court that is proof of service.

back to top