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The library (school district public library without a union or a bargaining agreement and less than 50 employees) offers paid sick leave for most employees. However, based on what we have learn we have paid people, without it coming off of their earned sick time, if they are told to quarantine because they have been exposed to the virus. Does the same hold true for someone who is out sick because they have the virus?
I have looked at the Ask a Lawyer FAQs, the various federal and state sites and issues of the HR Specialist Employment newsletter and do not see a clear answer.
The library is seeking information about a law stating that the library board has sole authority over public library staff benefits. The issue that needs to be addressed is a town board's attempt to eliminate a part-time employee's one week of paid leave per year that the library board granted [several years ago]. The town board's position is that since the other part-time town employees do not receive this paid leave, the library staff should not either. Research into the issue included a review of Education Law 226, but that only addresses hiring, firing, and salaries. Benefits such as paid time off, holiday pay, sick leave are not covered.
The state's new paid sick leave law recently went into effect on September 30th. According to the state's website, eligibility requirements are as follows:
"All private-sector employees in New York State are covered, regardless of industry, occupation, part-time status, and overtime exempt status. Federal, state, and local government employees are NOT covered, but employees of charter schools, private schools, and not-for-profit corporations are covered."
As a school district public library, I'm curious to know if we fall into this local government category and so are not covered by the law. According to the state comptroller's table summary of local government entities [https://www.osc.state.ny.us/local-government/data/local-government-entities][NOTE: This link was confirmed as no longer active and removed on 02/25/2022 as part of the routine review of "Ask the Lawyer" materials.], public libraries are listed as "Miscellaneous Local Public Organizations".
However, in regards to page 33 of the State's Local Government handbook,
"Local government in New York State comprises counties, cities, towns and villages, which are corporate entities known as municipal corporations. These units of local government provide most local government services. Special purpose governmental units also furnish some basic services, such as sewer and water services. School districts, although defined as municipal corporations, are single-purpose units concerned basically with education in the primary and secondary grades. Fire districts, also considered local governments in New York State, are single-purpose units that provide fire protection in areas of towns. Fire districts are classified as district corporations. There are other governmental entities which have attributes of local governments but which are not local governments. These miscellaneous units or entities are generally special-purpose or administrative units normally providing a single service for a specific geographic area."
I wonder if a school district public library, such as ourselves, doesn't fall under this last category of governmental entity: one which has attributes of local governments but which is not a local government. If this is so, then this new law would seem to apply to us as well.