FAQ - Leaves

Bereavement

What is bereavement leave? 

  • A union member is provided paid bereavement leave in the event of the death of an employee's immediate and extended family members. The policy specifies different amounts of paid leave, which is dependent upon the union in which you are in. 

 

Is an employee with less than a year of employment entitled to bereavement leave? 

  • No, both unions require members to have a minimum of one (1) year of employment to be eligible for bereavement leave. 

 

What are the bereavement leave benefits?

  • 32BJ Member
    • In the event of a death in the employee's immediate family (parent, spouse, child/children, siblings & in-laws) the employee shall receive four (4) working days off and shall be paid for any time lost from his/her regular schedule or holiday pay as a result of such absence. 
  • L94 Member
    • In the event of a death in the employee's immediate family (parent, spouse, child/children, siblings, in-laws & grandparents) the employee shall receive three (3) working days off and shall be paid for any time lost from his/her regular schedule or holiday pay as a result of such absence. Such leave shall be either the day of the funeral and two (2) days immediately preceding the funeral, or the day of the funeral and two (2) days immediately following the funeral, at the option of the employee. 

 

Can the employee request for additional time off? 

  • 32BJ Member
    • Employees may request vacation time or unpaid emergency leave is they need additional time off due to death in the family.
  • L94 Member
    • No additional time off is permitted. 

 

Can the employer demand a copy of any documentation as proof? 

  • 32BJ Member
    • For members of local 32BJ, the employer may demand a copy of the death certificate, letter from the funeral home, or other similar proof of death as a condition of paying bereavement leave. 
  • L94 Member

  

Disability

What is disability leave and who is entitled? 

  • This is a leave of absence for employees to apply for the restoration of their own health that is non-work related. 

 

  • 32BJ Members
    • Employees with one (1) or more year of seniority shall be entitled to a leave of absence for illness or injury for up to six (6) months. At the end of six (6) months of disability leave, an employee will be entitled to a six (6) month extension where the employee provides medical evidence of continuing disability and a reasonable likelihood of being able to return to work within six (6) months. 
  • L94 Members
    • Employees, once during the term of this agreement (?/1/2015 - 12/31/2018) upon written application to the employer and the union, a regular full-time employee in the building for five (5) years or more shall be granted a leave of absence not to exceed six (6) months, subject to an extension for a period not to exceed six (6) months, in case of bonafide illness or injury. When such employee is physically and mentally able to resume work, he/she shall be on one (1) week's prior written notice to the employer, be then employed with no loss of seniority. At the conclusion of any disability leave, the employee will be entitled to return to work in the same position held immediately prior to the leave of absence without a loss of seniority. 

 

How long can an employee be out on a disability leave? 

  • In the event that an employee's disability absence exceeds six (6) months, or one (1) year if the employee's disability leave has been extended , the employer shall have the right to permanently terminate and replace such employee. The employer may require an employee who is out on disability to furnish medical evidence of such continuing disability, and to submit to an independent medical examination as a condition of continued leave. The failure of an employee to produce the above information after the written request of the employer will give the employer the right to permanently terminate and replace the employee.  

 

Do employees returning from Disability leave lose his/her seniority time? 

  • The employee will be entitled to return to work in the same position held immediately prior to the leave of absence without a loss of seniority.

 

What are the steps the employee should take if requesting a disability leave? 

  • A member from the Human Resources team can provide the paperwork via email or direct the employee to our website, Click Here, where a digital version of the form is available. Employee fills out Part A, healthcare provider fills out Part B. Once those two portions are completed the forms should be returned to NYCSSS so Part C may be filled out and sent to NYCSSS. 

 

Paid & Non-Paid FMLA

What is Family Medical Leave Act (FMLA)?

  • The Family Medical Leave Act of 1993 (FMLA) is a United States federal law requiring covered employers to provide employees job-protected along with unpaid leave for qualified medical and family reasons. As of January 1, 2018, employees may be eligible to take a paid FMLA. New York's family leave provides job-protected paid time off so the employee can bond with a newly born, adopted or fostered child; care for a close relative with a serious health condition; assist loved ones when a family member is deployed abroad on active military service. 

 

Do employees returning from a FMLA leave lose his/her seniority time? 

  • The employee will be entitled to return to work in the same position held immediately prior to the leave of absence without a loss of seniority.

 

Discharge

Can an employee be discharged or suspended for any reason?

  • 32BJ Members
    • Employees shall not be discharged, suspended or otherwise disciplined by the employer/management without just cause after a one hundred twenty (120) calendar day probationary period. 
  • L94 Members
    • Employees shall not be discharged, suspended or otherwise disciplined by the employer/management without just cause. 

 

Leave of Absence (LOA)

What is a Leave of Absence (LOA)?