Paid Time Off (PTO) and Sick Leave
New York Sports Club ("NYSC") recognizes that a good balance between work and life is important. That's why benefits-eligible team members are provided with Paid Time Off (PTO) to use in any way they choose. In addition, all employees earn sick leave, regardless of benefits eligibility, which is to be used only for qualifying reasons (see Sick Leave section below).
Paid Time Off (PTO)
Who is Eligible to Earn (PTO)
Team members who are eligible for health benefits earn PTO.
Eligibility determination process: Employees who are reasonably expected to work 30+ hours/week are considered Regular Full-Time and are eligible for healthcare benefits/PTO on the first of the month coinciding with or following 60 days of employment. Employees who are expected to work fewer than 30 hours per week are considered "Part-Time/Variable Hour" and placed into a one-year waiting period when they are hired, called an initial measurement period (IMP) and if they satisfy the minimum hours requirement (average of 30 hours/week), they are eligible for health benefits on the first of the 14th month coinciding with or following their hire date. Each year, employees in this category are measured again to determine their eligibility status for the upcoming plan year.
How PTO is Earned/Accrued
New team members accrue PTO beginning with the first full work week coinciding with or following their benefits eligibility date per the chart below but may not use it until after three months of active service, except in rare situations with manager approval. Following three months of employment, a manager may advance up to one week (40 hours) of PTO before it has been accrued. Earned PTO time will be allocated on a weekly basis and populated under "Accruals" in UKG. Eligible employees may only earn PTO for weeks during which the employee was actively employed for that full workweek.
| Years of Service* | PTO Hours Earned Per Work Week |
Max PTO Earned Per Year |
| Less than 1 Year | 1.54 Hours | 80 Hours / 10 Days |
| 1 Year | 2 Hours | 104 Hours / 13 Days |
| 3 Years | 2.46 Hours | 128 Hours / 16 Days |
| 5 Years | 3.54 Hours | 184 Hours / 23 Days |
Eligible team members may not accrue PTO during unpaid leaves of absence, or other periods of inactive service unless PTO accrual is required by applicable federal, state or local law.
PTO Carryover
Effective January 1, 2023, at the end of each calendar year, PTO-eligible employees will carry over up to 40 hours of accrued and unused PTO into the next calendar year, but the carried over hours must be used by March 31st of the following year or the carried over hours will be lost. The carried over hours will not impact the amount of PTO hours that may be earned in the new calendar year. Example: a 5-year employee accrues 184 PTO hours in 2023, uses 120 hours during the year and has 64 hours remaining at the end of 2023. Only 40 of those accrued and unused PTO hours will carry over to 2024 and will only be available to use until 3/31/24 or they will be lost. In addition, the employee is eligible to earn up to 184 new PTO hours for 2024. Earned and unused PTO time at the end of calendar year 2022 is subject to the carryover provision of the prior PTO policy.
How PTO Can Be Used
All eligible team members are encouraged to take their accrued PTO each calendar year. Eligible employees can use their PTO for any reason. You must request PTO from your manager as far in advance as possible, preferably 30 days in advance, through UKG, and requests must be approved by your manager before PTO is taken. Your manager may deny a request for PTO in accordance with business needs. Employees can use PTO in 4-hour increments.
How PTO is Paid
PTO is paid at your regular rate, excluding any commissions, bonuses and other incentive pay. For personal trainers and tennis instructors, an hour of PTO will be calculated as your average total weekly gross pay during the twelve (12) pay periods preceding the time off divided by 40 (but never less than the applicable minimum wage). For example, if your average weekly pay looking back 12 pay periods is $960, your PTO rate will be $24.00 ($960/40).
PTO and Separation of Employment
Unless required by any federal, state or local law, PTO is not paid out on separation from employment for any
reason. You may not take PTO after you have given your resignation notice.
If your employment with the company terminates for any reason and you have used more PTO than you have
accrued (leaving a negative PTO balance), the company has the right to request reimbursement for PTO taken
beyond what you accrued. The company may deduct any amount that you owe from your final paycheck where
permitted by federal, state and local law.
Sick Leave
Who Earns Sick Leave
All employees, including part-time, temporary and seasonal, earn sick and safe leave ("Sick Leave"), regardless of their eligibility for PTO.
How Sick leave is Earned
New team members begin accruing sick leave from their date of hire and the sick leave is available as needed once earned. Earned sick leave will be allocated on a weekly basis and populated under "Accruals" in UKG. Some of our states or localities have sick leave laws in effect and the requirements for each are outlined in the Employee Handbook state supplements. However, to equalize the accrual of sick leave for all employees in all states and localities, NYSC follows the accrual provisions of the most generous state law (NY) and provides one hour of sick leave earned for every 30 hours worked to a maximum of 56 sick hours (or 7 days) per year.
Sick Leave Carryover
As mandated by applicable state or local sick leave law, some or all sick leave earned may carry over to the following year, but usage of sick leave is limited to a maximum of 56 hours or 7 days per year. If no sick leave law is applicable, up to 56 hours will carry over to the following year, but usage of sick leave will be capped at 56 hours for all employees in all states and localities. Employees should refer to their applicable state supplement in the Employee Handbook for the carryover rules applicable to the state or locality in which they are employed.
How Sick Leave Can Be Used
Sick leave is only to be used for the qualifying reasons listed below (unless a specific state or local sick leave law includes other reasons) impacting the employee or a member of their family for whom they are providing care/assistance with care:
- For mental or physical illness, injury, or health condition, regardless of whether it has been diagnosed or requires medical care at the time of the request for leave; or
- For the diagnosis, care, or treatment of a mental or physical illness, injury or health condition; or need for medical diagnosis or preventive care.
- For an absence from work when the employee or employee's family member has been the victim of domestic violence as defined by the New York State Human Rights Law, a family offense, sexual offense, stalking, or human trafficking due to any of the following as it relates to the domestic violence, family offense, sexual offense, stalking, or human trafficking:
- to obtain services from a domestic violence shelter, rape crisis center, or other services program;
- to participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee's family members;
- to 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;
- to file a complaint or domestic incident report with law enforcement;
- to meet with a district attorney's office;
- to enroll children in a new school; or
- to 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.
Employees who take more than three (3) consecutive sick days will be required to reach out to Sedgwick (leave of absence administrator) to determine if a leave (e.g. FMLA) should be initiated, If an employee uses sick leave for three or more consecutive workdays, NYSC may request the following documentation: (1) an attestation from a medical provider "supporting the existence of a need for sick leave," the amount of leave needed, and the date the employee is expected to return to work; or (2) an attestation from the employee concerning their eligibility to use the sick leave. Abuse of NYSC's sick leave policy is dishonest and may lead to disciplinary action, including termination of employment.
How Sick Leave is Paid
Sick leave is paid at your regular rate, or other rate required by applicable state or local law.
Sick Leave and Separation of Employment
Accrued and unused sick leave is not paid out on separation from employment for any reason.
Notice and Documentation
If the need for sick leave is foreseeable, the employee must provide reasonable advance notification to NYSC, at least one hour before the start of their scheduled shift, and request sick leave through the UKG system. If the need for sick leave is unforeseeable or if there are emergency circumstances, the employee must provide notice of the need for the leave as soon as practicable and confirm the request for sick leave through the UKG system. In all instances, employees taking sick leave must notify their manager, or another manager at the work location, in person (or on phone) - leaving a voicemail is not sufficient.
Enforcement & Retaliation
Employees shall not be retaliated against in any way for exercising their rights to use sick leave.