Location: New York City
I live in a van so I occasionally need time to go to some social services before work and I typically use my sick time to cover it. Yesterday, I was brought into an office and told that I can’t use it.
Supervisor: “I see here you came in on the 11th almost 2 hours late”
Me: “yeah because I was under the impression that I could use my sick time to cover it”
Supervisor: “well you can use your sick time to cover your check but it can still adhere to you getting an occurrence”
I was confused the whole conversation, and thankfully recorded it (single party consent state <3) and upon listening to it in a clear headspace, that sounds pretty illegal?
Comments
OP here’s what the Paid Safe and Sick Leave Law sick time is for:
>use safe and sick leave for the care and treatment of themselves or a family member and to seek legal and social services assistance or take other safety measures if the employee or a family member may be the victim of any act or threat of domestic violence or unwanted sexual contact, stalking, or human trafficking.
That isn’t for social services, or other appointments that are not medical, or related to the safety side of things, in nature.
So what your employer is basically saying is that you needed to use other leave, like your accumulated PTO for these kinds of appointments.
Not a lawyer, but he said you can use it?
Did you let them know you were coming in late (pre scheduled) or just called on that day saying you would be late that day?
You have PTO/sick time usage likely confused with the attendance policy
You can find the permitted uses for NYC sick leave here:
https://www.nyc.gov/site/dca/about/paid-sick-leave-FAQs.page#right
If it does not fall under one of those scenarios, it is not protected.