NYC Mandatory Paid Sick Leave Law

Started by Squid, July 01, 2013, 02:35:33 PM

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Squid

Five days paid sick leave is the law in NY, starting 4/1/2014. Does this apply to us? If not,why not..... Buzz, you have any insight on this?

rc1790

It takes effect on April Fools day. I'll believe it when I see it. Lol

faceit

well if the impass is still in effect why not? there is no collective bargining agreement in that case so we should get the sick days. ( and we should all call out sick 4/2/14... make the little prick sweat

Eucerin

Bloomy said he would veto it if it gets as far as his office

mirrorcheck

Bloomy did say that. Council has enough votes to override him.
Years of inaction and corruption has paved the way for the Devil to ride in and take what he pleases.

Buzz

Quote from: Squid on July 01, 2013, 02:35:33 PM
Five days paid sick leave is the law in NY, starting 4/1/2014. Does this apply to us? If not,why not..... Buzz, you have any insight on this?

Yes ... doesn't apply to collective bargaining agreements ... so, no ... not us.
I am patient with stupidity, but not with those who are proud of it.

Rock Steady

Honestly, there was no bargaining on this contract, it was IMPOSED.  So, technically, we are entitled the was I see it.  So,GO GET EM' 1181 !!!.

Squid

Quote from: Buzz on July 02, 2013, 03:54:49 AM
Quote from: Squid on July 01, 2013, 02:35:33 PM
Five days paid sick leave is the law in NY, starting 4/1/2014. Does this apply to us? If not,why not..... Buzz, you have any insight on this?

Yes ... doesn't apply to collective bargaining agreements ... so, no ... not us.

Buzz, here is the text of the law as it applies to collective bargaining agreements...

k.  Collective bargaining agreements.  (1) The provisions of this section shall not apply to any employee covered by a bona fide collective bargaining agreement if (i) such provisions are expressly waived in such collective bargaining agreement and (ii) the agreement provides for a comparable benefit for the employees covered by the agreement, in the form of paid days off; said paid days off shall be in the form of leave, compensation, other employee benefits, or some combination thereof.  Comparable benefits shall include, but are not limited to, vacation time, personal time, sick time, holiday pay and holiday and Sunday time paid at premium rates.

I may be wrong but I don't think anything here exempts Pioneer from complying with the law. First of all we don't have a "bona fide" collective bargaining agreement, what we have is a something forced on us which we never agreed to. Second, it clearly states that in lieu of paid sick days there must be some form of paid leave.,compensation or benefits. In the past, they could claim that our accrual checks were a benefit that would satisfy this requirement. However accruals are gone so we should demand our paid sick time.
Nowhere in the law does it say that unions covered by a collective bargaining agreement are automatically not covered. We must agree to waive the sick days because we are getting something else instead,  What might that be?
What do you think Buzz?

Buzz

I think in the eyes of the law we are covered by a bona-fide collective bargaining agreement. And we are compensated by at least 5 paid holidays.

It doesn't apply.
I am patient with stupidity, but not with those who are proud of it.

mirrorcheck

Buzz...I dont doubt what you are saying. That also means our wanna be gangster boss owes us weekly money, spring and summer checks. Also bona fide collective bargaining, its a can't miss for us. To you Buzz and the rest of our fellow workers happy and healthy 4th of july.
Years of inaction and corruption has paved the way for the Devil to ride in and take what he pleases.