New York Addendum
In the event of a conflict between the Handbook and any provision of an applicable Addendum, the conflict will be resolved as follows:
- If a benefit provided by the University is more generous than the benefit provided in the applicable Addendum, the University will offer the employee the more generous benefit unless such benefit is limited by statute (e.g., to residents of or employees working in Colorado).
- If a University policy or procedure provides an employee with more protection than that provided under the applicable Addendum, the University’s more protective policy or procedure will apply to internal University processes, and the policy or procedure specified in the applicable Addendum will apply to external proceedings in the applicable state or local agency.
For example, if the University’s Discrimination and Harassment Policy includes more protected statuses than a particular state provides, the University’s Discrimination and Harassment Policy and the applicable procedures established by the Office of Equal Opportunity & Title IX (EOIX) will apply to a report or complaint filed with EOIX. For a complaint filed with the state or local civil rights agency, the protections afforded under the state Addendum will apply.
Employees with questions about the Handbook or any applicable Addendum should contact their HR Partner at AskHRPartners@du.edu.
New York
Crime Victim Leave
New York employees who are victims or witnesses of crimes may take unpaid time off to (i) comply with a subpoena or court order requiring their attendance at a criminal proceeding; (ii) consult with the district attorney regarding the underlying crime; or (iii) exercise the employee’s rights as provided by applicable law. Employees in New York City who are exempt from overtime and take leave to respond to a subpoena as a witness will be paid during their time off for any period(s) of less than a workweek.
For purposes of leave under this policy, “victims” also include the victim’s next of kin (if the victim died as a result of the crime), the victim’s representative (for example, an attorney, guardian, or parent of a minor), good Samaritans as defined by N.Y. Exec. Law Section 621(7), and any person applying for or seeking to enforce an order of protection in court on behalf of the victim.
Employees must provide the University of Denver reasonable advance notice of the need to take time off under this policy, if practicable. If advance notice is not practical, employees must provide notice as soon as practical. The University of Denver may request reasonable documentation of the need for such leave.
The University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential. The University of Denver will not discriminate or retaliate against employees for requesting or taking leave in compliance with this policy. Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this policy.
Domestic Violence Reasonable Accommodations
The University of Denver will provide reasonable accommodations to New York employees who are victims of domestic violence unless the accommodation would pose an undue hardship on the University. Additionally, the University of Denver will provide employees in Westchester County and New York City who are victims of domestic violence, sexual abuse, or stalking with reasonable accommodations if requested, unless the accommodation would pose an undue hardship on the University.
Reasonable accommodations may include a reasonable amount of unpaid time off for the employee to:
- Seek medical attention for injuries caused by domestic violence, including for a child who is the victim of domestic violence, provided the employee is not the perpetrator of the domestic violence against the child;
- Obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence;
- Obtain psychological counseling related to an incident or incidents of domestic violence, including for a child who is the victim of domestic violence, provided the employee is not the perpetrator of the domestic violence against the child;
- Participate in safety planning or other action taken to increase safety from future incidents of domestic violence (e.g., temporary or permanent relocation); or
- Obtain legal services, assist in the prosecution of an offense, or appear in court related to an incident of domestic violence.
For purposes of this policy, “victims of domestic violence” means any person over the age of 16, any married person, or any parent accompanied by his or her minor child in a situation where the person or their minor child is the victim of an act committed by a family or household member that violates the penal law.
Employees must provide the University of Denver reasonable advance notice of the need to take time off under this policy, if practicable. If advance notice is not practical, employees must provide notice as soon as practical. The University of Denver may request reasonable documentation of the need for such leave, including, but not limited to, a police report, court order, or other documentation from a medical professional, advocate, or counselor.
The University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential. The University of Denver will not discriminate or retaliate against employees for requesting or taking leave in compliance with this policy.
Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this policy.
Equal Employment and Anti-Discrimination Policy
This is only an excerpt of the University of Denver’s Non-Discrimination Statement and Discrimination and Harassment policy with state specific information included in italics. Please refer to the complete policy for further information.
The University of Denver is an equal opportunity employer and makes employment decisions based on merit and University needs. Creating an inclusive and professional environment where employees feel comfortable, safe, and free from inappropriate and disrespectful conduct is one of the University’s core values.
The University of Denver does not discriminate against (in any aspect of employment, including recruiting and hiring, job assignment, compensation, opportunities for advancement, promotion, transfers, evaluation, benefits, training, discipline, and termination), nor does it tolerate harassment by any person, including, co-workers, supervisors, and third parties, on the basis of the following Protected Characteristics: In New York: age (18 and older), color, creed, disability, familial status, marital status, military status, citizenship status, immigration status, national origin (including ancestry), predisposing genetic characteristic, race (including traits historically associated with race, including but not limited to hair texture and protective hairstyles such as braids, locks, and twists), sex, pregnancy-related conditions, sexual orientation (including actual or perceived heterosexuality, homosexuality, bisexuality, and asexuality), gender identity or expression, arrest or conviction record, reproductive health decision-making, and genetic information.
Information about the New York Division of Human Rights can be found at www.dhr.ny.gov or by calling 888-392-3644 or 718-741-8300 (TTY).
New York Family and Medical Leave
New York employees may be eligible for wage replacement under New York’s Disability Benefits Law and Paid Family Leave Benefits if they are unable to work due to a non-work-related injury or illness, during pregnancy and/or childbirth, to bond with a new child, care for a sick family member, or need to address a qualifying military exigency.
For more information, see the New York Paid Family Leave policy below or visit: https://paidfamilyleave.ny.gov/.
Internal Pay Transparency
New York employees will be provided with written notice of their regular pay day, pay rate, and any overtime rate prior to beginning work in a position. Employees will be expected to return a written acknowledgement that they have received the notice.
Jury Duty Leave
The University of Denver encourages all employees to report for jury duty and provides New York employees with unpaid time off for jury duty service. The University of Denver will pay employees their first $40.00 of daily wages during the first three days of jury service. All remaining leave under this policy will be unpaid. However, exempt salaried employees will not have their pay reduced for any week in which they work and also miss time for jury duty.
After receiving a summons for jury duty, employees must notify the University of Denver as soon as reasonably possible. The University of Denver may request reasonable documentation of jury duty service to the extent permitted by law. The University of Denver will not discharge, discipline, retaliate against, coerce, or otherwise penalize employees who are absent to attend judicial proceedings in response to a summons for jury duty.
If work time remains after any day of jury selection or jury duty, employees must return to work (and/or log back on to work, if working remotely) for the remainder of the employee’s work schedule.
Meal and Rest Breaks
Non-exempt New York employees who work at least six hours in their workday which encompasses the noon meal period (11 a.m. to 2 p.m.) are entitled and expected to take an unpaid, off-duty, 30-minute meal break between 11 a.m. and 2 p.m. If an employee starts their workday before 11 a.m. and continues working after 7 p.m., the employee is entitled to the 30-minute noon meal break and an additional 20-minute break between 5 p.m. and 7 p.m. An employee who works more than six hours in their workday starting between 1:00 p.m. and 6:00 a.m. is entitled to a meal break of at least 45 minutes in the middle of their workday. Employees will be relieved of all duties for the full meal break(s) and are free to leave the premises during those times. Employees may not perform any work during their breaks. Failure to take full meal breaks is a violation of the University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.
Lactation Accommodation
This is only an excerpt of the University of Denver’s Lactation and Breastfeeding/Chestfeeding policy with state specific information included in italics. Please refer to the complete policy for further information.
For employees in New York, this means the University of Denver will provide unpaid break time or permit the employee to use paid break time or mealtime each day to express breast milk for their nursing child for up to three years following childbirth. The University of Denver will make reasonable efforts to provide a room or other location near the work area where the employee can express milk in privacy and store their expressed milk.
Military Service Leave
This is only an excerpt of the University of Denver’s Leave of Absence policy with state specific information included in italics. Please refer to the complete policy for further information.
Employees may take leave under the FMLA or applicable law.
- New York: The University of Denver provides up to 10 days unpaid time off to employees in New York who are the spouse of a member of the armed forces of the United States, National Guard, or reserves who has been deployed during a period of military conflict to a combat theater or combat zone of operations. This leave may only be used when the employee’s spouse is on leave from the armed forces of the United States, National Guard, or reserves while deployed during a period of military conflict to a combat theater or combat zone of operations.
Paid Family Leave
New York employees may be eligible for paid family leave (“PFL”) if they: (i) regularly work 20 or more hours per week and have been employed for at least 26 consecutive workweeks preceding the first full day PFL is taken; or (ii) regularly work less than 20 hours per week and have been employed for at least 175 days preceding the first full day PFL leave is taken.
Eligible employees will be entitled to paid time away from work, to be taken in full day increments: (i) to care for a family member with a serious health condition, (ii) to bond with a child after birth or placement for adoption or foster care within the first 12 months after the birth or placement, or (iii) for any qualifying exigency arising from the fact that an employee’s spouse, domestic partner, child, or parent is on active duty (or has been notified of an impending call or order to active duty) in the United States armed forces. Eligible employees may take up to 12 weeks of leave during a 52-week period and receive the lower of 67% of their average weekly wage or the state’s average weekly wage.
“Family member” means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. Employees must provide at least 30 days’ advance notice before PFL is to begin if the qualifying reason for leave is foreseeable. When not foreseeable, employees must provide notice as soon as practicable and within the time prescribed by the Organization’s usual and customary notice requirements. Failure to provide timely notice may result in PFL being delayed or denied.
Eligible employees who wish to take PFL must comply with applicable certification requirements and may be required to provide additional documentation (such as copies of military orders), as permitted by law.
To the extent permitted by law, employees may elect to charge all or part of their PFL to available vacationdays and receive full pay. In such case, the University of Denver may seek reimbursement from the Organization’s disability insurance carrier out of any PFL benefits due prior to the University of Denver disability insurance carrier's payment of such PFL benefits to employees.
If an employee requests PFL for reasons that also qualify for FMLA Leave, that employee’s PFL will run concurrently with the employee’s FMLA Leave.
Disability Leave and PFL may not be used at the same time. Employees will not be entitled to PFL if their family leave combined with disability benefits previously received exceeds 26 weeks during the same 52 consecutive calendar weeks.
Leave taken under this policy is job protected. The University of Denver will generally restore an employee who returns from leave to the same or a comparable position. While on leave, employees will continue to receive existing health insurance coverage, provided that they continue to pay their share of health insurance premiums. Employees may lose coverage retroactively to the date an unpaid premium was due (upon proper notice from our carrier) if they fail to pay their portion of the premium in a timely fashion.
Paid Sick Leave
Employees accrue paid sick leave at a rate of one hour for every 30 hours worked, up to a total of 40 hours per year. Employees may use up to 40 hours per year of paid sick leave for the following reasons:
- Mental or physical illness, injury, or health condition of the employee or the employee's family member, including for diagnosis, care, treatment, or preventative care;
- If the employee or their family member are a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking, time off to:
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- Obtain services from a domestic violence shelter, rape crisis center, or other services program;
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- Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee's family members;
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- Meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding;
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- File a complaint or domestic incident report with law enforcement;
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- Meet with a district attorney's office;
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- Enroll children in a new school; or
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- Take any other actions necessary to ensure the health or safety of the employee or the employee's family member or to protect those who associate or work with the employee; or
- Other reasons provided under applicable law.
Under this policy, "family member" means an employee's child, spouse, domestic partner, parent, sibling, grandchild, grandparent, or child or parent of the employee's spouse or domestic partner. "Parent" means a biological, foster, step, or adoptive parent, or a legal guardian of the employee, or a person who stood in loco parentis to the employee when they were a minor child. "Child" means a biological, adopted, or foster child, a legal ward, or a child of an employee standing in loco parentis.
Employees may take sick leave in increments of no less than four hours. Employees may carry over any earned but unused sick leave year-to-year.
If the need for paid sick leave is foreseeable, employees must provide reasonable advance notice to the University and make a reasonable effort to schedule the use of sick days in a manner that does not unduly disrupt the operations of the University of Denver. If the need for paid sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable. If employees are absent for three or more consecutive days, the University of Denver may require reasonable documentation that the paid sick time has been used for a purpose set forth in this policy.
Sick leave will not accrue during any leave of absence. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused paid sick leave will not be paid upon termination of employment. If employees separate from the University of Denver and are rehired within six months from their date of separation, their earned but unused paid sick days that they had at the time of separation will be reinstated, and employees may use those previously unused paid sick days.
Abuse of the Organization’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this policy. The University of Denver will not retaliate against employees for their use of, or attempt to use, sick days. In addition, employees will not be retaliated against for filing a complaint alleging violations of paid sick leave laws, for cooperating in an investigation or prosecution of an alleged violation of paid sick leave laws, or opposing any policy, practice, or act prohibited by any applicable paid sick leave laws.
New York Sexual Harassment Policy
New York State Human Rights Law
The Human Rights Law (“HRL”) applies to all employers in New York State. Sexual harassment is a violation of the HRL. A complaint alleging sexual harassment may be filed either with the Division of Human Rights (“DHR”) or in New York State Supreme Court.
Complaints with DHR may be filed any time within three years of the harassment. If a person does not file at DHR, they can sue directly in state court under the HRL within three years of the alleged sexual harassment. A person may not file with DHR if they have already filed a HRL complaint in state court. If a person files with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.
DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to an administrative law judge for a public hearing. If the administrative law judge determines that sexual harassment occurred, DHR has the power to award relief, which varies but may include requiring the University of Denver to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees, and civil fines.
Complaining internally to the University of Denver does not extend the employee’s time to file with DHR or in court. The timeline is counted from the date of the most recent incident of harassment. Employees do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.
DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov for additional information. Call the DHR sexual harassment hotline at 1(800)-HARASS3 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be completed, notarized, and mailed to DHR. The hotline can provide you with a referral to a volunteer attorney who can provide you with limited free assistance and counsel over the phone.
Local Protections
Employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade Street, 1st Floor, New York, New York. Contact the Commission by phone at 311 or (212) 306-7450 or online at www.nyc.gov/html/cchr/html/home/home.shtml.
New York State has established a statewide workplace sexual harassment hotline at 1-800-427-2773. The confidential hotline is operated by the New York State Division of Human Rights and will connect workers who have faced sexual harassment with pro bono attorneys to advise them.
New York Training
All employees will receive annual sexual harassment training.
Volunteer Emergency Responders Leave
New York employees who are performing their duties as volunteer firefighters or volunteer ambulance personnel during or related to a state governor declared state of emergency may take unpaid time off unless such leave would cause undue hardship on the conduct of the Organization’s business. Leave under this policy will only be granted during the time an emergency exists following a declaration of the emergency by the governor of the State of New York. Employees must provide the University of Denver with written notice from the head of their volunteer fire department or volunteer ambulance service advising the University of Denver of the employee’s status as a volunteer firefighter or member of a volunteer ambulance service prior to taking time off.
Employees must provide the University of Denver reasonable advance notice of the need for leave under this policy. The University of Denver may request reasonable documentation reflecting the need for such leave, including a notarized statement from the head of their volunteer fire department or volunteer ambulance service certifying the period of time or times they responded to a declared emergency. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this policy.
Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.
Voting Leave
New York employees who are registered to vote in any election may take up to two hours of paid time off to vote on election day if they do not have at least four consecutive hours off of work to vote while polls are open.
Employees must provide the University of Denver at least two but no more than ten workdays advance notice of their need to take time off under this policy. Time off should be taken at the beginning or end of the employee’s workday, unless otherwise specified by the University of Denver.