Safe & Sick Time

Eligibility

Southwest Care Center provides paid sick leave to team members who work in New Mexico in accordance with the Healthy Workplaces Act as part of theiror team members who work in New Mexico who are eligible for sick time under another policy and/or any other applicable sick time/leave law or ordinance, this policy applies solely to the extent it provides greater benefits/rights on any specific issue or issues than any other policy and/or any other applicable sick time/leave law or ordinance.

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Accrual

Team members begin accruing paid sick leave pursuant to this policy on July 1, 2022 or at the start of employment, whichever is later. Team members accrue one (1) hour of paid sick leave for every 30 hours worked. Exempt team members are assumed to work 40 hours in each workweek unless their normal workweek is less than 40 hours, in which case paid sick leave accrues based upon that normal workweek. For purposes of this policy, the year is the consecutive 12-month  period  beginning January 1 and ending on December 31.

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IMPORTANT: This leave is included in your annual Paid Time Off plans. There is not a separate 'bucket' for the above amounts. See the SCC Paid Time Off Policy for details.

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Usage

Team members may use paid sick leave immediately. Paid sick leave may be used in 1-minute increments. Team members may not use more than 64 hours of paid sick leave in any year.

Team members may use paid sick leave for absences due to:

 

1. The team member's mental or physical illness, injury or health condition; medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; and preventive medical care;

2. Care of a family member of the team member for mental  or physical illness, injury or health condition; medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; and preventive medical care;

3. Meetings at the team member's child's school or place of care related to the child's health or disability; or

4. Absences necessary due to domestic abuse, sexual assault or stalking suffered by the team member or a family member of the team member provided that the leave is for the team member to:

 

1. obtain medical or psychological treatment or other counseling;

2. relocate;

3. prepare for or participate in legal proceedings; or

4. obtain services or assist a family member of the team member with any of the activities set forth in subparagraphs (a) through (c).

5. For purposes of this policy, family member includes the team member's spouse or domestic partner or a person related to the team member or the team member's spouse or domestic partner as: (1) a biological, adopted or foster child, a stepchild or legal ward or a child to whom the team member stands in loco parentis; (2) a biological, foster, step or adoptive parent or legal guardian, or a person who stood in loco parentis when the team member was a minor child; (3) a grandparent; (4) a grandchild; (5) a biological, foster, step or adopted sibling; (6) a spouse or domestic partner of a family member; or (7) an individual whose close association with the team member or the team member's spouse or domestic partner is the equivalent of a family relationship. A domestic partner includes an individual with whom another individual maintains a household and a mutual committed relationship without a legally recognized marriage. 

6. The team member's use of paid sick leave will not be conditioned upon searching for or finding a replacement worker.

7. Unless team members advise the Organization otherwise, we will assume, subject to applicable law, that team members want to use available paid sick leave for absences for reasons set forth above and team members will be paid for such absences to the extent they have paid sick leave available.

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Notice and Documentation

When team members need to use paid sick leave, the team member or an individual acting on the team member's behalf must make an oral or written request to Team member's Supervisor via Workday Self- Service Portal to use the leave. When possible, the request must include the expected duration of the sick leave absence. When the need to use paid sick leave is foreseeable, the team member must make a reasonable effort to provide advance notice before using the paid sick leave and must make a reasonable effort to schedule use of paid sick leave in a way that does not disrupt the Organization's operations. When the need to use paid sick leave is not foreseeable, the team member must notify Team member's Supervisor via Workday Self-Service Portal as soon as practicable.

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Team members may be required to provide reasonable documentation for the use of paid sick leave if the team member used paid sick leave for two (2) or more consecutive workdays. Where sick leave is requested for reasons 1 or 2 above, documentation signed by a health care professional indicating the amount of sick leave taken is necessary will be considered reasonable documentation. Where sick leave is requested for reason 4 above, the team member may provide one of the following: a police report; a court-issued document; or a signed statement by a victim services organization, clergy member, attorney, advocate, the team member, a family member or any other person. The  signed statement does not have to be notarized or be in any particular format. It only needs to affirm the team member took paid sick leave for one of the purposes specified by the Act. Team members are allowed up to 14 days from the date they return to work to provide the documentation. The documentation does not need to explain the nature of any medical condition or the details of the domestic abuse, sexual assault or stalking. The Organization will never delay the use of paid sick leave because the employer has not yet received documentation. All information and documentation received about the team member's reasons for taking paid sick leave is confidential. The Organization will not disclose the above-referenced information except with the team member's permission or as necessary for validation of disability insurance claims, accommodations consistent with the federal Americans  with Disabilities Act (ADA), as required by the Healthy Workplaces Act, or by Court Order.

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Payment

Paid sick leave will be paid at the same hourly rate and with the same benefits the team member normally earns during hours worked at the time the team member uses such time, but no less than the applicable minimum wage. Use of paid sick leave is not considered hours worked for purposes of calculating overtime.

 

Carryover and Payout

Team members may carry over up to 64 hours of accrued, unused paid sick leave to the following year. Unused paid sick leave will not be paid at separation.

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Enforcement and Retaliation

Retaliation against any team member who requests or uses paid sick leave is prohibited. Team members have the right to file a complaint with the New Mexico Department of Workforce Solutions, Labor Relations Division if paid sick leave as required by law is denied or if the team member is subjected to retaliation for requesting or taking paid sick leave. The New Mexico Department of Workforce Solutions, Labor Relations Division can be reached by calling (505) 841-4400, visiting www.dws.state.nm.us or going to a New Mexico Workforce Connections Office.

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Questions about rights and responsibilities under the law can be answered by Assigned HR Representative.