Employee Manual Addendum July 2017

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SoulCycle

EMPLOYEE MANUAL ADDENDUM


EMPLOYEE MANUAL ADDENDUM
Table of Contents

CALIFORNIA
CALIFORNIA PAID FAMILY LEAVE
CALIFORNIA PREGNANCY DISABILITY LEAVE
CALIFORNIA FAMILY RIGHTS ACT (CFRA)
MILITARY LEAVE
DOMESTIC VIOLENCE LEAVE
SAN FRANCISCO PAID FAMILY LEAVE
CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (FEHA)
SAN FRANCISCO: FORMULA RETAIL EMPLOYEE RIGHTS ORDINANCES
VACATIONS PURSUANT TO CALIFORNIA LAW
SICK DAYS PURSUANT TO CALIFORNIA
REST & MEAL PERIODS PURSUANT TO CALIFORNIA LAW
OVERTIME PURSUANT TO CALIFORNIA LAW

CONNECTICUT
MEAL BREAK LAW
FAMILY MEDICAL LEAVE PROVISION

FLORIDA
MEAL BREAK LAW

ILLINOIS
VACATIONS PURSUANT TO ILLNOIS LAW
SICK DAYS PURSUANT TO ILLINOIS LAW

MASSACHUSETTS
EARNED SICK LEAVE
MEAL BREAK LAW

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MARYLAND
PAID SICK LEAVE

NEW YORK
NEW YORK STATE DISABILITY
PAID SICK LEAVE
REST & MEAL BREAKS

PENNSYLVANIA
MEAL BREAK LAW
PAID SICK LEAVE

CANADA
PROVINCE OF BRITISH COLUMBIA
EMPLOYMENT STANDARDS ACT, LEAVE FROM WORK: PROVINCE OF BRITISH
COLUMBIA
VACATIONS PURSUANT TO PROVINCE OF BRITISH COLUMBIA
MEAL PERIODS PURSUANT TO THE EMPLOYMENT STANDARDS ACT OF
BRITISH COLUMBIA
OVER TIME PURSUANT OF THE EMPLOYMENT STANDARDS ACT OF BRITISH
COLUMBIA

ONTARIO
EMPLOYMENT STANDARDS ACT, LEAVE FROM WORK: PROVINCE ONTARIO

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CALIFORNIA
CALIFORNIA PAID FAMILY LEAVE
Paid Family Leave is a component of California’s State Disability Insurance (SDI)
Program. Paid Family leave allows employees to receive paid time off for the following
reasons:

 To care for a seriously ill child, spouse, parent or domestic partner.


 To bond with a new child; or
 To bond with a minor child in connection with the adoption or foster care
placement of that child.

A medical certificate is required when a Paid Family Leave claim is filed to provide care
for a seriously ill family member. For bonding, Paid Family Leave is limited to the first
year after birth, adoption or foster care placement of a child. Appropriate
documentation (e.g., birth certificate) must be presented.

Benefit amounts are determined by the State. No more than six weeks of Paid Family
Leave benefits may be paid within any 12-month period.

The Paid Family Leave Program is funded through employee contributions.

For additional information on California’s Paid Family Leave program, go to


www.edd.ca.gov

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Pregnancy Disability Leave of Absence
If you are disabled by pregnancy, childbirth or related medical conditions, you are
eligible to take a pregnancy disability leave (PDL). If you are affected by pregnancy or a
related medical condition, you are also eligible to transfer to a less strenuous or
hazardous position or to less strenuous or hazardous duties, if such a transfer is
medically advisable and can be reasonably accommodated. In addition, if it is medically
advisable for you to take intermittent leave or work a reduced schedule, SoulCycle may
require you to transfer temporarily to an alternative position with equivalent pay and
benefits that can better accommodate recurring periods of leave.

● The PDL is for any period(s) of actual disability caused by your pregnancy,
childbirth or related medical condition up to four months (or 88 work days
for a full-time employee) per pregnancy.
● The PDL does not need to be taken in one continuous period of time, but
can be taken on an as-needed basis.
● Time off needed for prenatal care, severe morning sickness, doctor-
ordered bed rest, childbirth, and recovery from childbirth is covered by
PDL.
● Generally, pregnancy disability will be treated the same as we treat other
disabilities of similarly-situated employees. This affects whether your leave
will be paid or unpaid.
● You are required to obtain a certification from your health care provider of
your pregnancy disability or the medical advisability for a transfer. The
certification should include:

1) The date on which you became disabled due to pregnancy or the


date of the medical advisability for a transfer;
2) The probable duration of the period(s) of disability or the period(s)
for the advisability of a transfer; and,
3) A statement that, due to the disability, you are either unable to
work at all or to perform any one or more of the essential functions
of your position without undue risk to yourself or to other persons;

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or a statement that, due to your pregnancy, a transfer to a less
strenuous or hazardous position or duties is medically advisable.
● As a condition of your return from pregnancy disability leave, or transfer,
SoulCycle requires you to obtain a release to return to work from your
health care provider stating that you are able to resume your original job
duties with or without reasonable accommodation.
● At your option, if you are eligible you can use any accrued vacation time or
other accrued paid time off as part of your unpaid PDL before taking the
remainder of your leave on an unpaid basis. We require, however, that
you use any available sick leave during the unpaid portion of your PDL.
The substitution of any paid leave will not extend the duration of your PDL.
● We encourage you to contact the Employment Development Department
regarding your eligibility for state disability insurance for the unpaid
portion of your leave.
● If you do not return to work on the originally scheduled return date nor
request in advance an extension of the agreed upon leave with
appropriate medical documentation, you will be deemed to have
voluntarily terminated your employment with SoulCycle. Failure to notify
SoulCycle of your ability to return to work when it occurs, or your
continued absence from work because your leave must extend beyond the
maximum time allowed, may be deemed a voluntary termination of your
employment with SoulCycle, unless you are entitled to Family Leave.
● Upon your return from a covered PDL, you will be reinstated to your same
position in most instances.

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● Taking a PDL may impact some of your benefits (if applicable) and your
seniority date. If you want more information regarding your eligibility for
a leave and the impact of the leave on your seniority and benefits, please
contact Human Resources.
● PDL leave time will be counted against an eligible employee’s
entitlement to FMLA leave, if applicable. It will not be counted against an
employee’s eligibility for CFRA leave.

Any request for leave after your disability has ended will be treated as a request for
family care leave under the California Family Rights Act and the federal Family Medical
Leave Act, if you are eligible for that type of leave.

FAMILY AND MEDICAL LEAVE/CALIFORNIA FAMILY RIGHTS ACT


(ADDENDUM TO FMLA POLICY)
Under the California Family Rights Act of 1993 (CFRA), if you have more than 12 months
of service with SoulCycle and have worked at least 1,250 hours in the 12-month period
before the date you want to begin your leave, you may have a right to an unpaid family
care or medical leave (CFRA leave). This leave may be up to 12 workweeks in a 12-month
period for the birth, adoption, or foster care placement of your child or for your own
serious health condition or that of your child, parent, spouse or registered domestic
partner.

If you are CFRA-eligible, you have certain rights to take BOTH a PDL and a CFRA leave
for reason of the birth of your child. Both leaves contain a guarantee of reinstatement to
the same or to a comparable position at the end of the leave, subject to any defense
allowed under the law. Where pregnancy disability leave is also FMLA-qualifying, the
leave will count against both FMLA and PDL leave entitlements. PDL leave is separate
from and does not count against an employee’s CFRA leave entitlement.

There are some differences between FMLA, CFRA and PDL and this policy addendum
explains how such leaves will be administered for California employees.

If possible, you must provide at least 30 days’ advance notice for foreseeable events
(such as the expected birth of a child or a planned medical treatment for yourself or of a

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family member). For events which are unforeseeable, we need you to notify us, at least
verbally, as soon as you learn of the need for the leave. Failure to comply with these
notice rules is grounds for, and may result in, deferral of the requested leave until you
comply with this notice policy.

We may require certification from your health care provider before allowing you to take
a leave for pregnancy or your own serious health condition or certification from the
health care provider of your child, parent, and spouse or registered domestic partner
who has a serious health condition before allowing you a leave to take care of that
family member. When medically necessary, leave may be taken on an intermittent or
reduced work schedule.

If you are taking a leave for the birth, adoption or foster care placement of a child, the
basic minimum duration of the leave is two weeks. SoulCycle permits two occasions
where the leave may be for less than two weeks. You must conclude bonding leave
within one year of the birth or placement for adoption or foster care. Bonding leave is in
addition to any time off taken for pregnancy disability leave. An employee may elect to
substitute accrued and unused sick, personal and/or vacation time for unpaid bonding
leave.

CFRA and PDL are unpaid. An employee taking CFRA leave due to his or her own
serious health condition is required to use two (2) weeks of any accrued time off (if
applicable) in lieu of unpaid leave. An employee taking CFRA leave due to a covered
family member’s serious health condition is required to substitute paid sick leave for
any unpaid CFRA leave, but has the option of whether to substitute paid accrued time
off for (if applicable) unpaid leave. CFRA can be taken intermittently but no less than two
(2) week increments. An employee taking PDL leave will be required to use any accrued
sick time in lieu of unpaid PDL. At her option, an employee taking unpaid PDL may
substitute accrued paid time off for the unpaid leave. At their request, employees may
use accrued time off to supplement any paid disability benefits. Paid sick leave may not
be substituted for unpaid bonding leave. Substituting paid for unpaid leave does not
extend your leave entitlement.

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Taking a family care or pregnancy disability leave may impact certain of your benefits
and your seniority date. If you want more information regarding your eligibility for a
leave and/or the impact of the leave on your seniority and benefits, please contact the
Human Resources department.

MILITARY LEAVES
Military exigency leave does not count against an employee’s CFRA leave entitlement.
Leave to care for a military service member with a serious illness or injury counts against
an employee’s CFRA leave entitlement when the service member is the employee’s
spouse, parent or child, as provided for under CFRA.

RIGHTS OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING


Your Right to Take Time Off:
 You have the right to take time off from work to get help to protect you and your
children’s health, safety or welfare. You can take time off to get a restraining
order or other court order.
 If your company has 25 or more workers, you can take time off from work to get
medical attention or services from a domestic violence shelter, program or rape
crisis center, psychological counseling, or receive safety planning related to
domestic violence, sexual assault, or stalking.
 You may use available vacation, personal leave, accrued paid sick leave or
compensatory time off for your leave unless you are covered by a union
agreement that says something different. Even if you don’t have paid leave, you
still have the right to time off.
 In general, you don’t have to give your employer proof to use leave for these
reasons.
 If you can, you should tell your employer before you take time off. Even if you
cannot tell your employer before, your employer cannot discipline you if you give
proof explaining the reason for your absence within a reasonable time. Proof can
be a police report, court order or doctor’s or counselor’s note or similar
document.

Your Right to Reasonable Accommodation: You have the right to ask your employer for
help or changes in your workplace to make sure you are safe at work. Your employer

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must work with you to see what changes can be made. Changes in the workplace may
include putting in locks, changing your shift or phone number, transferring or
reassigning you, or help with keeping a record of what happened to you. Your employer
can ask you for a signed statement certifying that your request is for a proper purpose,
and may also request proof showing your need for an accommodation. Your employer
cannot tell your coworkers or anyone else about your request. Your Right to Be Free
from Retaliation and Discrimination: Your employer cannot treat you differently or fire
you because:
o You are a victim of domestic violence, sexual assault, or stalking.
o You asked for leave time to get help.
o You asked your employer for help or changes in the workplace to make
sure you are safe at work.

You can file a complaint with the Labor Commissioner’s Office against your employer if
he/she retaliates or discriminates against you. For more information, contact the
California Labor Commissioner’s Office. We can help you by phone at 213-897-6595, or
you can find a local office on our website: www.dir.ca.gov/dlse/DistrictOffices.htm. If you
do not speak English, we will provide an interpreter in your language at no cost to you.
This Notice explains rights contained in California Labor Code sections 230 and 230.1.

RELATIONSHIP TO PREGNANCY DISABILITY LEAVE


The time an employee is disabled by pregnancy, childbirth or related medical condition
counts toward her FMLA leave entitlement if she is eligible for FMLA leave, but not CFRA
leave. Instead, such time off is governed by the Pregnancy Disability Leave of Absence
policy, above.

MEDICAL CERTIFICATIONS
SoulCycle will require second or third certifications from health care providers only in
the event there is reason to doubt the initial certification of an employee’s need for
leave due to his or her own serious health condition. Recertification will be requested
only when an employee’s original certification has expired.

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PAID PARENTAL LEAVE ORDINANCE SAN FRANCISCO
The Paid Parental Leave Ordinance requires Covered Employers to provide partial wage
replacement to employees taking up to 6 weeks of leave to bond with a new child under
the California Paid Family Leave (“CA PFL”) program. In 2018, the 55% rate is
scheduled to increase to 60% or 70%, depending on income. The PPLO requires Covered
Employers to provide employees on leave with “Supplemental Compensation” equal
to the difference between the employee’s 55% California Paid Family Leave benefit and
the employee’s normal gross weekly wages such that the employee earns 100% of
their weekly salary, subject to a weekly maximum benefit amount, during the 6 week
leave period. This Supplemental Compensation is available only to employees who are
eligible for and receiving California Paid Family Leave benefits for new child bonding.
Under the California Paid Family Leave program, the six week leave may be taken as six
consecutive weeks, or it may be spread out over up to a 12-month period (referred to as
“intermittent leave”).

CALIFORNIA FAIR EMPLYMENT AND HOUSING ACT (FEHA)

SoulCycle is committed to prohibiting harassment and discrimination


in employment because of race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin, ancestry, mental and
physical disability, medical condition, age, pregnancy, denial of medical and family care
leave, or pregnancy disability leave (Government Code sections 12940,12945, 12945.2)
and/or retaliation for protesting illegal discrimination related to one of these categories,
or for reporting patient abuse in tax supported institutions. You may file a private
lawsuit under the Fair Employment & Housing Act.

For employment discrimination issues, you are required to exhaust your administrative
remedies by reporting all complaints to your Managers, Human Resource Representative
or by calling our anonymous tool free hotline at (855) 673-1088. All complaints will be
handled in a fair, complete and timely investigation. Investigative representative will
strive to maintain confidentiality during the investigation however we cannot guarantee
complete confidentiality. SoulCycle will take all remedial measures if any wrong doing is
detected.

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Groups protected under FEHA:
• Age (40 and over)
• Ancestry
• Color
• Religious Creed (including religious dress and grooming practices)
• Denial of Family and Medical Care Leave
• Disability (mental and physical) including HIV and AIDS
• Marital Status
• Medical Condition (cancer and genetic characteristics)
• Genetic Information
• Military and Veteran Status
• National Origin (including language use restrictions)
• Race
• Ancestry
• Sex Stereotype- is an assumption about someone’s appearance of behavior or about
the ability or inability to perform certain types of work- based on a myth, social
expectation or generalization about a person’s sex.
• Sex (which includes pregnancy, childbirth, breastfeeding and medical conditions
related to pregnancy, childbirth or breastfeeding)
• Gender, Gender Identity, and Gender Expression
• Transgender- refers to someone whose gender identity is different from the persons
sex at birth

SAN FRANCISCO: FORMULA RETAIL EMPLOYEE RIGHTS ORDINANCES


Covered Employers: The laws apply to “Formula Retail Establishments” (or chain
stores) with at least 40 formula retail establishments worldwide and 20 or more
employees in San Francisco as well as their janitorial and security contractors.

Offering Additional Work to Part-time Employees: Covered employers must offer any
extra work hours to current qualified part-time employees, up to 35 hours, in writing
before hiring new employees or using contractors or staffing agencies to perform
additional work.

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Scheduling:

 Initial Estimate of Work Schedule - Covered employers are required to provide new
employees with a good faith written estimate of the employee’s expected minimum
number of scheduled shifts per month and the days and hours of those shifts. See
 Two Week's Notice of Work Schedules - Employers must provide employees with
their schedules two weeks in advance. Schedules may be posted in the workplace or
provided electronically, so long as employees are given access to the electronic
schedules at work.
 Predictability Pay for Schedule Changes - If changes are made to an employee’s
schedule with less than seven days’ notice, the employer must pay the employee a
premium of 1 to 4 hours of pay at the employee's regular hourly rate (depending on
the amount of notice and the length of the shift.
 Exceptions - Employers do not have to provide “predictability pay” or payment for
on-call shifts if any of the following conditions apply:
 Operations cannot begin or continue due to threats to Employees or property;
 Operations cannot begin or continue because public utilities fail;
 Operations cannot begin or continue due to an Act of God or other cause not
within the Employer's control (such as an earthquake);
 Another Employee previously scheduled to work that shift is unable to work
and did not provide at least seven days' notice;
 Another Employee failed to report to work or was sent home;
 The Employer requires the Employee to work overtime; or
 The Employee trades shifts with another Employee or requests a change in
shifts.

 Equal Treatment for Part-time Employees: Employers must provide equal treatment
to part-time employees, as compared to full-time employees at their same level, with
respect to (1) starting hourly wage, (2) access to employer-provided paid time off
and unpaid time off; and (3) eligibility for promotions. Hourly wage differentials are
permissible if they are based on reasons other than part-time status, such as
seniority or merit systems. Further, employees’ time off allotments may be prorated
based on hours worked.

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VACATIONS PURSUANT TO CALIFORNIA LAW
SoulCycle’s vacation policy provides certain full-time employees with an opportunity to
enjoy a continuous period of rest and change of atmosphere. Therefore, we provide a
vacation plan for certain full-time employees.

Soulcycle Eligible Categories


(1) Corporate Employees
- Less than 2 years of service = 13 days’ accrual per year
- 2-4.99 years of services = 16 days of accrual per year
- 5+ years of service = 18 days’ accrual per year

(2) Full Time Studio & Field Employees


- Less than 2 years of service = 10 days’ accrual per year
- 2-4.99 years of services = 13 days’ of accrual per year
- 5+ years of service = 15 days’ accrual per year

(3) Full Time Instructors


- Less than 2 years of service = 7 days’ accrual @ $1,000 flat rate
- 2-4.99 years of services = 7 days’ of accrual @ $1,500 flat rate
- 5+ years of service = 14 days’ accrual @ $3,000 flat rate

VACATION ACCRUAL CAP

(1) Corporate Employees


- Less than 2 years of service = 182 hours’ accrual cap
- 2-4.99 years of services = 210 hours’ accrual cap
- 5+ years of service = 252 hours’ accrual cap

(2) Full Time Studio & Field Employees


- Less than 2 years of service = 140 hours’ accrual cap
- 2-4.99 years of services = 182 hours’ accrual cap
- 5+ years of service = 210 hours’ accrual cap

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(3) Full Time Instructors
- Less than 2 years of service = 12.25 days’ accrual cap
- 2-4.99 years of services = 12.25 days’ accrual cap
- 5+ years of service = 24.5 days’ accrual cap

SICK DAYS PURSUANT TO CALIFORNIA LAW


(1) Part Time Staff (Corporate and Field): Accrue one (1) hour sick pay per thirty (30)
hours worked
(2) Full Time Studio & Field Employees: five (5) days annually
(3) Corporate Employees & City of Los Angeles Studio Managers: six (6) days annually
(4) Instructors: five (5) Days annually, compensated at eight (8) hours per day at
instructor’s hourly rate.

SICK TIME ACCRUAL CAP


(1) All Part Time Staff (Corporate & Field): forty-eight (48) Hours; All Part Time Los
Angeles City staff seventy-two hours (72)
(2)(3)(4) Full Time Studio, Feld Employees, Corporate Employees & Full Time Instructor:
Unused sick and personal time cannot be carried over to the following year and is not
paid upon termination of employment. To the extent permitted by applicable law, sick
time can be used for family members’ illnesses

REST AND MEAL BREAKS PURSUANT TO CALIFORNIA LAW


Employees are entitled to ten-minute rest periods (in addition to the meal periods
described below) as follows:

0 for first 3 1/2 hours;


1st from 3 1/2 to 6 hours worked;
2nd from 6 to 10 hours worked;
3rd from 10-14 hours worked; and
4th from 14-18 hours worked.

If possible, the break should be in the middle of the work period. Employers also have
to provide a "reasonable" amount of rest time to employees who want to "express milk"
(i.e. breast feed). The rest period is counted as time worked and therefore, the employer

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must pay for such periods and count the time towards overtime. Since employees are
paid for their rest periods, they can be required to remain on the employer's premises
during such periods.

Employees are entitled to a half-hour, off-duty (i.e. unpaid) meal break after five hours
of work. A second, half-hour, off-duty meal period must be provided after ten hours of
work as follows:
0 to 4 hours and 59 minutes: 0 Unpaid Break
5 hours to 9 hours and 59 minutes: 1 Unpaid Meal Break
10 hours to 14 hours and 59 minutes: 2 Unpaid Meal Breaks
15 hours to 19 hours and 59 minutes: 3 Unpaid Meal Breaks

Meal break waivers are not available. First meal break needs to be taken within the
completion of the 5th hour of work. You may not combine meal breaks nor can any
employee arrive 30 minutes early or leave 30 minutes late in lieu of a meal break.

OVERTIME PURSUANT TO CALIFORNIA LAW


If you are a non-exempt employee, you will be paid overtime in accordance with state and
federal overtime requirements. For all hours worked in excess of eight (8) hours in one (1)
day or 40 hours in one (1) week, or for the first eight (8) hours on the seventh consecutive
day in the same workweek, you will be paid at one and one-half times (1½) your regular
rate of pay. You will be paid double-time for hours worked in excess of 12 in any workday
or in excess of eight (8) on the seventh day of the workweek. There may be exceptions to
these standards where allowed by law.

CONNETICUT
MEAL BREAK LAW
Employees who work a shift of more than seven and a half (7.5) hours must have an
uninterrupted unpaid lunch period of AT LEAST a half an hour (employee must clock
out). Please keep this in mind when scheduling shifts

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FAMILY MEDICAL LEAVE PROVISION
If an employee has more than 1000 hours of service with an employer during the 12-
month period prior to leave they could qualify for up to 16 weeks in 2 years for the birth
or adoption of a child, placement of child for foster care, to care for a family member
with a serious medical condition, for the serious medical condition of the employee, or
to serve as an organ or bone marrow donor.

FLORIDA
MEAL BREAK LAW

Florida law requires: Employees WHO ARE UNDER THE AGE OF 18 ONLY who work a
shift of more than four (4) hours must have an uninterrupted unpaid lunch period of AT
LEAST a half an hour (employee must clock out). Please keep this in mind when
scheduling shifts

ILLINOIS
VACATIONS PURSUANT TO ILLINOIS LAW
SoulCycle’s vacation policy provides certain full-time employees with an opportunity to
enjoy a continuous period of rest and change of atmosphere. Therefore, we provide a
vacation plan for certain full-time employees.

SoulCycle’s Eligible Categories


(1) Full Time Studio & Field Employees
- Less than 2 years of service = 10 days per year
- 2-4.99 years of services = 13 days of per year
- 5+ years of service = 15 days per year

Vacation does not roll over year-to-year, nor does it accrue. Upon termination of an
employee, their vacation time will be calculated and paid out according to Illinois state
law.

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Sick Days Pursuant OF ILLNOIS STATE LAW

(1) Part Time Staff (Corporate and Field): Accrue one (1) hour sick pay per forty (40)
hours worked
(2) Full Time Studio & Field Employees: five (5) days annually
(3) Corporate Employees: six (6) days annually
(4) Instructors: five (5) Days annually, compensated at eight (8) hours per day at
instructor’s hourly rate.

SICK TIME ACCRUAL CAP


(1) All Part Time Staff (Corporate & Field): forty (40) Hours; All Part Time Cook County
forty hours (40)
(2)(3)(4) Full Time Studio, Feld Employees, Corporate Employees & Full Time Instructor:
Unused sick and personal time will be carried over to the following year at half their
unused paid sick leave. Sick pay is not paid upon termination of employment. To the
extent permitted by applicable law, sick time can be used for family members’ illnesses.

MASSACHUSETTS
EARNED SICK LEAVE
The law entitles Massachusetts employees to earn up to 40 hours per year of sick leave
to address certain personal and family needs. The number of hours to which an
employee is entitled is related to the number of hours worked. An employee would be
entitled to 40 hours of sick leave per year if the employee worked enough hours to earn
40 hours of earned sick time.

MEAL BREAK
Employees who work a shift of more than six (6) hours must have an uninterrupted
unpaid lunch period of AT LEAST a half an hour (employee must clock out). Please keep
this in mind when scheduling shifts

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MARYLAND
PAID SICK LEAVE
An employee must earn 1 hour for every 30 hours worked in the county up to 56 hours
in a year. An employee can use up to 80 hours in a year.

NEW YORK
NEW YORK STATE DISABILITY
Benefits are paid for a maximum of 26 weeks of disability during 52 consecutive weeks.
For employed workers, there is a 7-day waiting period for which no benefits are paid.
Benefit rights begin on the eighth consecutive day of disability. Cash benefits are 50
percent of a claimant's average weekly wage, but no more than the maximum benefit
allowed. The average weekly wage is based on the last eight weeks of employment. If
counting the last week in which the disability began lowers the benefit rate, it is not
included in determining average weekly wage. Effective May 1, 1989, the maximum
benefit allowance for any disability is $170 a week. Benefits paid by the employer or
insurance carrier are subject to Social Security and withholding taxes.

PAID SICK LEAVE


Employees accrue sick leave at the rate of one hour for every 30 hours worked, up to a
maximum of 40 hours of sick leave per calendar year.

REST & MEAL BREAKS

LUNCH PERIOD

• Employees who work a shift of more than six (6) hours starting before 11AM and
continue until 2PM must have an uninterrupted lunch period of AT LEAST a half
an hour between 11AM and 2PM. Please keep this in mind when scheduling shifts
• Uninterrupted lunch periods are UNPAID and employees MUST CLOCK OUT for
this break and then clock back in when they return to shift

DINNER PERIOD
• Employees who work a shift starting BEFORE 11AM and continuing LATER than
7PM must take a meal period of at least 30 minutes. This break is paid! Example:

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if someone works from 10AM - 7:30PM, they must receive a meal period of at
least 20 minutes between 5 and 7PM (in addition to the 30 minutes for lunch). 20
minute break is paid (employee does not clock out) but the 30 minute lunch is
unpaid (employee must clock out)
• Employees who work more than six hours shift between 1PM and 6AM must take
a meal period of at least 45 minutes. This break is unpaid.

Example: if someone is working from 1-8PM, they should take 45 minutes for a meal at
some point during their shift

PENNSYLVANIA
MEAL BREAK LAW
Pennsylvania employers are required to provide break periods of at least 30 minutes for
minors ages 14 through 17 who work five or more consecutive hours. Employers are not
required to give breaks for employees 18 and over.

PAID SICK LEAVE


A maximum of 40 sick time hours may be earned in a calendar year. Accrued sick time
may be used after an employee has worked a minimum of 90 days.

CANADA
BRITISH COLUMBIA
EMPLOYMENT STANDARDS ACT, LEAVE FROM WORK: PROVINCE OF BRITISH
COLUMBIA

 Pregnancy Leave: A pregnant employee can take up to 17 consecutive weeks of


unpaid leave. This leave may be extended by up to six weeks if she is unable to
return to work for reasons related to the birth or termination of the pregnancy.
 Parental Leave: A birth mother who has taken pregnancy leave is entitled to take
up to 35 consecutive weeks of unpaid leave. A birth mother who has not taken
pregnancy leave is entitled to take up to 37 weeks of unpaid leave.

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REV. July 2017
 A birth father or an adopting parent is entitled to take up to 37 consecutive
weeks of unpaid leave. This leave may be extended by up to five weeks if the
child requires an additional period of parental care.
 Birth parents should try to give their employers at least four weeks written notice
of their intention to take parental leave.
 Family responsibility Leave: An employee can take up to five days of unpaid leave
in each employment year to attend to the care, health or education of a child in
the employee’s care, or to the care or health of any other member of the
employee’s immediate family.
 Compassionate Care Leave: An employee can take up to eight weeks of unpaid
leave within a 26-week period to care for a gravely ill family member. The
employee must obtain a medical certificate which states that the family member
is gravely ill with a significant risk of death within 26 weeks.
 Bereavement Leave: An employee is entitled to take up to three days of unpaid
leave on the death of a member of the employee’s immediate family. This leave
may be for purposes other than to attend a funeral.
 Jury Duty: An employee who is required to attend Court as a juror is considered
to be on unpaid leave for the period of the jury duty.
 Reservists' Leave: An employee who is a reservist is entitled to take unpaid leave
while deployed to a Canadian Forces operation, including pre-deployment and
post-deployment activities, or while deployed to assist with an emergency.
Employees are expected to give their employers as much notice as possible and provide
sufficient information for their employers to understand the reason for the leave.
Employees are not required to give notice in writing or disclose personal or private
information.
An employer may not terminate an employee or change a condition of employment,
without the employee’s written consent, because of a leave or pregnancy.

VACATIONS PURSUANT TO PROVINCE OF BRITISH COLUMBIA


After completing one year of employment an employee is entitled to two week’s
vacation. After five years, an employee is entitled to three week’s vacation.

Vacation must be scheduled in periods of one or more weeks, unless the employee
requests otherwise.

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REV. July 2017
Vacation must be taken within 12 months of being earned.

When an employee takes a vacation after completing one (1) year of employment,
vacation pay must be at least four per cent (4%) of the employee’s total earnings from
the previous year. After five (5) consecutive years of employment, vacation pay increases
to six per cent (6%).

A person who is employed for less than one year is not entitled to take a vacation, but
must be paid four per cent (4%) vacation pay on termination of employment.
Vacation pay is not payable if a person is employed for five calendar days or less.

MEAL BREAKS PURSUANT TO THE EMPLOYMENT STANDARDS ACT OF BRITISH


COLUMBIA
An employee must not work more than five hours in a row without a 30-minute unpaid
meal break. An employee who is required to work or be available for work during a meal
break must be paid for the meal break.

*Employers are not required to provide coffee breaks.

OVER TIME PURSUANT OF THE EMPLOYMENT STANDARDS ACT OF THE PROVINCE


OF BRITISH COLUMBIA

Unless under an Averaging Agreement an employee who is working eight hours in a day
must be paid time-and-a-half for the next four hours worked, and double time for all
hours worked in excess of 12 hours in a day. This applies even if the employee works
less than 40 hours in a week.

ONTARIO
ONTARIO BREAK LAWS
Must not work more than five hours in a row without getting an unpaid 30 minute break
-- which can be split into two periods within every 5 consecutive hours.

The Ontario Employment Standards Act


Employers to pay an employee overtime pay of at least one and one-half (1½) times the
employee's regular rate for each hour worked in excess of 44 hours per week

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REV. July 2017
ONTARIO LEAVE LAWS
Type of leave: Unpaid leave:
Reason: pregnancy, parental, personal emergency, family caregiver, family medical,
critically ill child care, organ donor, reservist, and crime-related child death or
disappearance leave.
Status: full-time, part-time, permanent or term contract employee.

Multiple leaves: Each leave is treated separately. Employees are eligible for each leave
independently.
Payment: Federal Employment Insurance (EI) benefits

Benefits: benefits must continue while employee is on leave, both through employer and
employee contributions. Employee can advise in writing if they would like to stop
benefits.
Pregnancy leave: job-protected, unpaid time off work. This time is to be taken while
pregnant.
Qualification: Must be employed for 13 weeks from baby’s due date. \
Length: 17 weeks that must be taken consecutively. Cannot require proper
documentation to come back at the end of leave.
Requirement: must give written notice at least 2 weeks before leave. Needs to bring
doctor’s certificate. If employee needs to stop working earlier than what originally
expected, she has two weeks after she stops working to give employer written notice.
**If employee fails to give written notice, she does not lose her right for leave

Miscarriage: An employee who has a miscarriage or stillborn more than 17 weeks before
due date is not entitled to pregnancy leave. If the employee has a miscarriage or
stillborn within 17 weeks of due date, she is eligible for pregnancy leave. Must begin on
date of miscarriage/still-birth. They have leave for 17 weeks, but can be longer.

Parental Leave: Right to take job-protected, unpaid time off of work once the baby is
born or first comes to your care
Qualification: birth parent, adopting parent, person in a relationship with a parent of a
child who plans to treat child as their own. Must be employed for 13 weeks from start of
leave – but count time that employee is on pregnancy leave.

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REV. July 2017
Length: 35 weeks for new mothers/37 for if no pregnancy leave

 Birth Mothers can take up to 35 weeks of parental leave, beginning right AFTER
their pregnancy leave ends. This equals a total of 52 weeks; 17 before baby is
born and 35 weeks after.

 Birth mothers who do not take pregnancy leave and other new parents can take
up to 37 weeks of leave. Must be within 52 weeks of birth or first coming into
their care.
 Parents can take leave together or separate

 Must take it all at once. Cannot be spread out.

 Must be started within first 52 weeks, but does not have to be completed within
52 weeks

Notification: must inform employer in writing 2 weeks before leave. 4 weeks’ notice is
needed if you are changing end date of leave. However, if proper notice is not given, the
employee does not lose their leave rights.
Family Caregiver Leave: unpaid job-protected leave to care/support a family member
who has a serious medical condition.
Qualification: need note from doctor/nurse. Doesn’t need to say what the condition is,
just need it in writing and say that it is serious
Length: 8 weeks per calendar year per situation/family member. Do not have to be taken
consecutively.

Family Medical Leave: unpaid, job-protected time off of work to provide care for a family
member with a risk of dying within 26 weeks.
Length: up to 8 weeks in a 26-week period with respect to each situation/individual.

Qualification: If two or more people are taking care of the same person, the eight weeks
must be shared. You must have a certificate from your doctor explaining this is a serious
medical condition with a rick of death within 26 weeks.

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REV. July 2017

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