Prop. 206 clarification

[King1982]

AZ

Hello, my question is in regards to the new AZ law that was passed and effective July 1st. Our supervisor at work related to us that as of the 1st of July that we would be entitled to 1 hour of sick time for every 30 hours worked, in which we can use at anytime without any repercussions. At my work, we get half a point on absenteeism if we miss half of our shift and 1 point for the full shift. So based on this new law we should not be getting any write-ups if as long as we use our AZ sick time and have enough time.

My question is: last week, I had to use it because I was late 10 minutes to work but today by supervisor told me that she can not put in AZ sick time, because "HR/Payroll" told her that in order to use Sick time it would have to be for 1 hour or more; cannot be less. This doesn't make sense, should I fight this? If I should how and where should I get proof that the law protects me.

Thank you

 

[Taxing Matters]

AZ

My question is: last week, I had to use it because I was late 10 minutes to work but today by supervisor told me that she can not put in AZ sick time, because "HR/Payroll" told her that in order to use Sick time it would have to be for 1 hour or more; cannot be less. This doesn't make sense, should I fight this? If I should how and where should I get proof that the law protects me.

Thank you

Your employer may be correct. Here is what the statute says: “Earned paid sick time may be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time.” Ariz. Rev. Stat. Ann. § 23-373(F). So the minimum time you can use is one hour unless your employer uses a unit smaller than an hour to account for absences from work. What this means is that employees need to be careful about showing up a few minutes late and then claiming the sick leave to cover it; you may end up burning a whole hour of leave for just a few minutes of being late.

This law is not meant, by the way, as a means for employees to cover simple tardiness. You are supposed to use it only for the purposes set out in the statute:

Earned paid sick time shall be provided to an employee by an employer for:

1. An employee's mental or physical illness, injury or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; an employee's need for preventive medical care;

2. Care of a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; care of a family member who needs preventive medical care;

3. Closure of the employee's place of business by order of a public official due to a public health emergency or an employee's need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee's or family member's presence in the community may jeopardize the health of others because of his or her exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease; or

4. Notwithstanding § 13-4439, Arizona Revised Statutes, absence necessary due to domestic violence, sexual violence, abuse or stalking, provided the leave is to allow the employee to obtain for the employee or the employee's family member:

(a) Medical attention needed to recover from physical or psychological injury or disability caused by domestic violence, sexual violence, abuse or stalking;
(b) Services from a domestic violence or sexual violence program or victim services organization;
(c) Psychological or other counseling;
(d) Relocation or taking steps to secure an existing home due to the domestic violence, sexual violence, abuse or stalking; or(e) Legal services, including but not limited to preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, sexual violence, abuse or stalking.​

Ariz. Rev. Stat. Ann. § 23-373(A).

 

[King1982]

Yeah, I read that earlier today, also. The prop. definitely has semantics written all over it. Its contradicting, it also says that employers cannot basically "bully" someone for using their sick time. They should not be asking why someone needs to use it.

It still doesn't make business sense to me for them, because based on what my employer is saying, one can be late-"sick" without any repercussions as long as it's an hour or more. I was 10 minutes late-"sick" so instead of start working and making money for the company, theyd rather me waste 50 minutes of their business time so they won't allow me use my allowed Sick time.

 

[King1982]

Based on my understanding of the new law, employees are not require to provide proof for having to use their Sick time, unless it exceeds 3 consecutive days.

 

[King1982]

Yes, its technically supposed to be used for "Sick" time but instead of saying I'm going to be late, I can just say, I don't "feel" good and I "might" not make it in today, will do if I feel better, then show up to work, once someone "feels" better.

 

[Taxing Matters]

Based on my understanding of the new law, employees are not require to provide proof for having to use their Sick time, unless it exceeds 3 consecutive days.

That’s correct. But the law still only allows an employee to use the leave for the purposes set out in the statute. While the employer cannot require a doctor’s note for the leave, they can ask that employee state the reason for the leave and should the employer find out through other means that the employee lied about the reason for the leave, the employee could face trouble for that.