This is specifically regarding the New York State sick leave law. My question is: Can companies that offer a lump sum PTO package, which is more than what NY offers in sick leave, dictate how it’s used if it contradicts NYS sick leave policies? For example, if my job requires a doctor’s note for using PTO for a single day or restricts when PTO can be used, even though it contradicts what NYS sick leave policy allows. Any advice or experiences?
Jo said:
I’m also wondering about this. My job does the same thing—they lump everything together, but then they’re super strict about when we can use PTO. Seems unfair, but I’m not sure if it’s legal either.
In New York, employers cannot limit your ability to take sick leave, even if they combine it with PTO. If the company policy contradicts state law, NYS law wins. For example, they can’t require a doctor’s note unless you take more than three consecutive days off under the sick leave policy. I’d recommend talking to HR and reminding them of the state’s guidelines.
@Ben
Thanks for the insight! So if I take just one day, they shouldn’t be asking for a doctor’s note?
Jordan said:
@Ben
Thanks for the insight! So if I take just one day, they shouldn’t be asking for a doctor’s note?
Exactly. Under NYS law, for sick leave, employers can only request a doctor’s note if you’re out for more than three consecutive days. If it’s just a single day, that’s a no-go!
Our company had a similar policy, but we had to change it after learning about NYS sick leave laws. Employees have rights, and employers can’t override them by lumping sick leave into PTO. If your company’s policy is restrictive, it’s worth bringing it up, especially if you feel it’s violating the state guidelines.