New York Addendum

In addition to the policies and procedures set forth in the University of Denver Employee Handbook (“Handbook”), the information set forth in a particular state addendum applies only to those University of Denver employees working in the state of the applicable addendum. The state addendum modifies the Handbook as set forth below.

 

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

Business Expense Reimbursement Policy

For New York employees, reimbursable expenses include the cost of purchasing and laundering any required uniform. 

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 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. University of Denver may request reasonable documentation of the need for such leave. 

University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential. 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

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, 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 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. 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. 

University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential. 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 University of Denver’s complete policy with state specific information included in italics. Please refer to the complete policy for further information.

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. 

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/.

Jury Duty Leave

University of Denver encourages all employees to report for jury duty and provides New York employees with unpaid time off for jury duty service. 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, except to offset amounts employees receive as jury duty fees.

After receiving a summons for jury duty, employees must notify University of Denver as soon as reasonably possible. University of Denver may request reasonable documentation  of jury duty service to the extent permitted by law. 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.’

Lactation Accommodation

This is only an excerpt of University of Denver’s complete policy with state specific information included in italics. Please refer to the complete policy for further information.

For employees in New York, this means University of Denver will provide paid break time for 30 minutes and permit the employee to use existing paid break time or mealtime for time in excess of 30 minutes each day to express breast milk for their nursing child for up to three years following childbirth. 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.

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 meal 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 University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.

Military Service Leave

This is only an excerpt of University of Denver’s complete 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: While University of Denver has at least 20 employees at one worksite, 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.
Organ & Bone Marrow Donation Leave

This policy applies only when University of Denver has 20 or more employees at a single workplace. 

New York employees who work for an average of at least 20 hours a week may take up to 24 hours of unpaid leave in a 12-month period to serve as a bone marrow donor, including time for recovery and follow-up medical care. 

Eligible employees may also take up to three hours of unpaid leave in any 12-month period to donate blood. If University of Denver conducts at least two blood drives per year on its premises at least sixty days apart, employees will not be entitled to blood donation leave but may take time off to donate blood at the blood drives. 

Employees must provide University of Denver reasonable advance notice of the need to take leave under this policy. University of Denver may request reasonable documentation of the need for such leave, including, but not limited to, verification from a physician of the purpose and length of each leave or proof of blood donation.

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 before their first full day of PFL, or (ii) regularly work less than 20 hours per week and have been employed for at least 175 days before their first full day of PFL.

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) or any qualifying exigency arising from the employee’s spouse’s, domestic partner’s, child’s, or parent’s status as military active duty (or they have been notified of an impending call or order to active duty). 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. If not foreseeable, employees must provide notice as soon as practicable and within the time prescribed by the University’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 vacation days and receive full pay. In such cases, University of Denver may seek reimbursement from the University’s disability insurance carrier out of any PFL benefits due prior to 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, their PFL will run concurrently with their 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 leave exceeds 26 weeks during the same 52 consecutive calendar weeks.

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

New York state law also provides sick leave benefits to employees. If there is a conflict between this local sick leave policy and the state-wide policy, the governing policy will be whichever is more generous to employees.

This policy provides paid sick leave when University of Denver has 5 or more employees or a net income of greater than $1 million in the previous tax year. Otherwise, sick leave is unpaid.

Employees accrue paid sick leave at a rate of one hour for every 30 hours worked, up to a total of 56 hours per year.  Employees may use up to 56 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: 
    • Obtain services from a domestic violence shelter, rape crisis center, or other services program;
    • Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee's family members;
    • 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;
    • File a complaint or domestic incident report with law enforcement;
    • Meet with a district attorney's office;
    • Enroll children in a new school; or
    • 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.

Employees can take 20 additional hours paid leave any 52-week period for prenatal care including healthcare services for an employee during their pregnancy, including physical exams, medical procedures, monitoring and testing, and meeting with healthcare providers to talk about the pregnancy. 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 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, 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. 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.

Abuse of the University’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. 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. 

Pay Transparency

New York employees will be provided with written notice of their regular payday, pay rate, and any overtime rate prior to beginning work in a position. Employees will be expected to return a written acknowledgment that they have received the notice. While University of Denver has four or more employees, all job postings—including promotional and transfer opportunities—for positions that will be performed in the state or that will report to a New York-based supervisor will include a good faith wage range and job description.

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 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 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 University’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 University of Denver with written notice from the head of their volunteer fire department or volunteer ambulance service advising 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 University of Denver reasonable advance notice of the need for leave under this policy. 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. 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 work to vote while polls are open.

Employees must provide 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 University of Denver.

Whistleblower Protection
Purpose

University of Denver is committed to operating its business with honesty and complying with all applicable laws. University of Denver is also committed to providing a workplace that is conducive to open discussion of the University’s business practices. 

Reporting

Employees with concerns or knowledge of misconduct are encouraged to report to the employee’s supervisor or HR Partners at AskHRPartners@du.edu. Misconduct includes illegal, fraudulent, questionable, or dishonest conduct that violates the law or the University’s policies and procedures. In New York, misconduct includes conduct that threatens public safety or health.

To facilitate an investigation, the employee’s report should be in writing and include a full statement of the misconduct, people involved, and relevant dates. Employees should use reasonable judgment when reporting. Employees who intentionally file a false report or recklessly make statements in bad faith are not protected by this policy and can be subject to discipline, which may include termination.  

This policy is intended to encourage employees to report good faith concerns about misconduct to University of Denver prior to reporting the concerns outside the University. University of Denver encourages employees to allow the University a reasonable time to correct the conduct. However, employees do not have to first report to University of Denver if there is an emergency or if the employee is reasonably certain the University knows about the misconduct. This policy does not prevent an employee from reporting misconduct to governmental agencies or other parties.

Investigation 

University of Denver will promptly and thoroughly investigate any report of misconduct. All employees have a duty to cooperate and provide accurate information related to any investigation of misconduct. When possible, the reporting employee’s name will be kept confidential. However, the employee’s identity may be disclosed, if permitted by law, to conduct a thorough investigation or provide accused individuals their legal rights of defense.All materials from an investigation under this policy will be kept confidential.

Retaliation

University of Denver will not unlawfully discriminate or retaliate against employees who:

  1. Lawfully report or threaten to report misconduct by University of Denver;
  2. Participate in an inquiry, court action, investigation, or hearing regarding misconduct; or 
  3. Refuse to participate in conduct that violates federal, state, or local law.

Retaliation in any form is prohibited. Employees who suspect they are being retaliated against should contact HR Partners at AskHRPartners@du.edu immediately. 

Employees who retaliate against reporting employees will be subject to disciplinary measures up to termination. Employees who retaliate may also be subject to civil, criminal, and administrative penalties.

Questions

Employees should contact HR Partners at AskHRPartners@du.edu with any questions about this policy.

Workweek and Work Schedules

Employees who work in a factory, retail establishment, hotel, or restaurant will be scheduled for at least 24 consecutive hours off every calendar week they work.  

New York Notice and Acknowledgment of Electronic Monitoring

Employees should be aware that University of Denver electronically monitors the use of any University of Denver device or system as well as traffic on University of Denver internet. This includes the use of phones, email, computers, and other communication devices or systems. Employees should have no expectation of privacy regarding their internet or technology systems use and should not use University of Denver systems for information they wish to keep private. 

 

 

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