§ 39.0106 — Use of Earned Sick Leave

§39.0106 Use of Earned Sick Leave

(a) An Employee may use Earned Sick Leave for any of the following reasons: (1) The Employee is physically or mentally unable to perform his or her duties due to illness, injury, or a medical condition of the Employee. (2) The Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Employee. (3) The Employee’s absence is for other medical reasons of the Employee, such as pregnancy or obtaining a physical examination. (4) The Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition. (5) The Employee’s absence is for the Employee’s use of Safe Time. (6) The Employee’s place of business is closed by order of a public official due to a Public Health Emergency, or the Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency. (b) An Employer may require reasonable notice of the need to use Earned Sick Leave. Where the need is foreseeable, an Employer may require reasonable advance notice of the intention to use such Earned Sick Leave, not to exceed seven days notice prior to the date such Earned Sick Leave is to begin. Where the need is not foreseeable, an Employer may require an Employee to provide notice of the need for the use of Earned Sick Leave as soon as practicable. (c) For an absence of more than three consecutive work days, an Employer may require reasonable documentation that the use of Earned Sick Leave was authorized under subsection (a) of this section. An Employer must accept as reasonable, documentation signed by a licensed Health Care Provider indicating the need for the amount of Earned Sick Leave taken, and an Employer may not require that the documentation specify the nature of the Employee’s or the Employee’s Family Member’s injury, illness, or medical condition. (d) An Employer must not require an Employee, as a condition of using Earned Sick Leave, to search for or find a replacement worker to cover the hours during which such Employee is using Earned Sick Leave.

(“Use of Earned Sick Leave” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.)