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§ 9-4105. Use Of Paid Sick Time.

(1) Accrued paid sick time shall be provided to an employee by an employer for:

(a) 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;

(b) 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; or

(c) Absence necessary due to domestic abuse, sexual assault or stalking, provided the leave is to allow the employee to obtain for the employee or the employee's family member:

(.1) Medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence or stalking;

(.2) Services from a victim services organization;

(.3) Psychological or other counseling;

(.4) Relocation due to the domestic or sexual violence or stalking; or

(.5) Legal services or remedies, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic or sexual violence.

(2) Accrued sick time shall be provided upon the oral or written request of an employee. When possible, the request shall include the expected duration of the absence.

(3) When the need for sick time is known to the employee in advance, such as for a scheduled appointment with a health care provider, the employee shall provide notice of the need for such time to the employer in advance of the use of the sick time and shall make a reasonable effort to schedule the use of sick time in a manner that does not unduly disrupt the operations of the employer. For all other absences, the employee shall notify the employer before the start of the employee's scheduled work hours, or as soon as practicable if the need arises immediately before or after the employee has reported for work.

(4) Accrued 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.

(5) For sick time of more than two (2) consecutive days, an employer may require reasonable documentation that the sick time is covered by subsection (1). For absences due to the purposes described in §§ 9-4105(1)(a) and (b), documentation signed by a heath care professional indicating that sick time is necessary shall be considered reasonable documentation. For absences due to the purposes described in § 9-4105(1)(c), documentation signed by a health care professional; a police report indicating that the employee was a victim of domestic abuse, stalking or sexual assault; a court order; or a signed statement from a representative of a victim services organization as defined in § 9-3201 of this Code, affirming that the employee was a victim of domestic abuse, stalking or sexual assault shall be considered reasonable documentation. An employer may not require that the documentation explain the nature of the illness or the details of the violence.

(6) An employer may not require, as a condition of providing sick time under this Chapter, that the employee search for or find a replacement worker to cover the hours during which the employee is on sick time.

(7) An employee who uses sick time for a purpose described in § 9-4105(1)(c) may, after accrued paid sick leave has been exhausted, take unpaid leave as provided in §§ 9-3202 and 9-3208 of this Code.

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Keywords
time
sick
employee
need
employer
documentation
reasonable
care
domestic
schedule