The USHG Safe and Sick Leave Policy

(New York Non-Exempt Employees)

Paid Safe and Sick Leave
USHG provides New York non-exempt employees with paid Safe and Sick leave pursuant to New York
Labor law and New York City’s Earned Safe and Sick Time Act.
Accrual of Safe and Sick Leave
Beginning on their first day of work, non-exempt employees are eligible to accrue up to fifty six (56) hours
of safe and sick leave each calendar year. For purposes of this policy, a calendar year is a period of twelve
(12) consecutive months from January 1st to December 31st. Safe and Sick leave is accrued at a rate of
one hour for every thirty (30) hours worked up to a maximum of fifty six (56) hours of annual leave time.
Use of Safe and Sick Leave
Employees will be eligible to take accrued Safe and Sick leave after ninety (90) days of employment.
Employees may use up to fifty six (56) hours of Safe and Sick leave per year. Between the date of this
policy and January 1, 2021, employees may use any time accrued prior to September 30, 2020, up to forty
(40) hours. Beginning January 1, 2021, employees may begin to use time accrued, up to fifty six (56) hours.
Safe and Sick leave must be taken in a minimum increment of four (4) hours in order to be excused.
Additional time taken beyond the first four (4) hours must be taken in thirty (30) minute increments.
Employees may take Sick leave for the following reasons:
1. their own mental or physical illness, injury, or health condition; they need to get a medical
diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; they
need to get preventive medical care; or
2. to care for a family member who needs medical diagnosis, care, or treatment of a mental or
physical illness injury, or health condition, or who needs preventive medical care; or
3. their employer’s business closes due to a public health emergency or they need to care for a
child whose school or childcare provider closed due to a public health emergency.
• Please also refer to USHG’s COVID-19 enhanced Leave Policies pursuant to the
Family First Corona Virus Response Act, which apply through December 31, 2020.
Employees may also take Safe leave if the employee or a family member has been the victim of any act or
threat of domestic violence or unwanted sexual contact, stalking, or human trafficking (“Covered
Offense”), in order to:
1. obtain services from a domestic violence shelter, rape crisis center, or other shelter or services
program for relief from a Covered Offense;
2. 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;
3. 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;

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 4. file a complaint or domestic incident report with law enforcement;
5. meet with a district attorney;
6. enroll children in a new school; or
7. 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.
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;
• an employee’s 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;
• an employee’s sibling, including half siblings, adopted or step-siblings;
• an employee’s grandchild or 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.
Payment for Safe and Sick Leave
Employees will be paid the same rate for Safe and Sick leave as they would have earned had they worked
those hours, and in the case of tipped employees, no less than the full minimum wage. Employees will be
paid for any Safe and Sick leave used no later than the next regular payday after the Safe and Sick leave
was used by the employee.
Notice of Safe and Sick Leave
For an unforeseeable need to use Safe and Sick leave, an employee must contact their manager as soon
as is practicable prior to the start of the employee’s shift. If the need for Safe and Sick leave is foreseeable,
the employee should request the time at least seven (7) days in advance, or as soon as possible.
Any employee who must take more than (seven) 7 consecutive sick days may be eligible for benefits under
USHG’s FMLA, short-term disability or workers’ compensation policy and should contact their HR Business
Partner to request the appropriate information and leave forms.

Verification and Documentation of Proper Use of Safe and Sick Leave

Any employee who takes Safe and Sick leave for any amount of time will be required to complete an
Employee Notification that confirms their intent to use Safe and Sick leave. Upon their return, an
employee will complete an Employee Verification, confirming their use of Safe and Sick leave. Failure to

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Current as of October, 2020
Owner, Legal Department
complete these forms will result in disciplinary action in accordance with USHG’s Progressive Discipline
policy.
Any employee who takes more than three (3) consecutive Sick leave days must provide documentation
by a licensed health care provider attesting to the employee's, or their family member's illness, injury or
health condition (without disclosing the nature of the illness, injury or health condition), and the
employee's fitness to return to work. The Company will reimburse employees for any fees associated
with obtaining this documentation.

Any employee who takes more than three (3) consecutive Safe leave days must provide written
documentation of the authorized use of Safe leave (without disclosing the details of the matter), 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 may be submitted within seven (7) days after the employee returns to work. The Company
will reimburse employees for any fees associated with obtaining this documentation.

Confidentiality and Nondisclosure

USHG cannot, under this policy require an employee or a healthcare or other service provider to disclose
the details of any medical condition or Covered Offense relating to the employee or a family member. 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 USHG 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.
Safe and Sick Leave Carryover, Employment Termination and Upon Rehire
Employees may carry over accrued but unused Sick and Safe leave. An employee shall not use in one
calendar year more than the maximum hours they are allowed to accrue under this Act.
Upon termination of employment for any reason, employees forfeit any accrued but unused Safe and Sick
leave. If an employee is rehired within six months of the date of termination, any leave that was forfeited
upon termination will be reinstated. Reinstated leave will be available for the employee to use
immediately.
No Retaliation
USHG expressly prohibits any form of 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 law.

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Current as of October, 2020
Owner, Legal Department