PAID TIME OFF AND TIME AWAY FROM WORK: 

NON-EXEMPT EMPLOYEES 

 

Union Square Hospitality Group, LLC, (“USHG” or the “Company”) is pleased to offer Paid Time Off (“PTO”) to every member of our team. Please read below for applicable eligibility requirements and procedures.  

 

Paid Time Off Accrual and Payment  

 

All non-exempt employees accrue PTO beginning on their first day of employment with the Company at a rate equal to or greater than one hour for every 30 hours worked (see chart below for more details of accrual rate). PTO is capped in accordance with an employee’s years of service with Company.  An employee can review accrued PTO in UltiPro by electing: Myself [Symbol] Benefits [Symbol] PTO. 

 

Unlike full-time employees, part-time and casual employees will not accrue more PTO after they have reached their maximum (indicated in the chart below), until they reach their anniversary. 

 

How is my PTO calculated and when can I request PTO?  

All non-exempt employees begin to accrue PTO from their first day of employment in accordance with the following:

PTO Calculation.PNG

Unused PTO can be carried forward from year to year.  As a full-time employee, as long as you have not reached the maximum PTO accrual (indicated in the chart above), with each hour you work, you will accrue additional PTO hours to “fill your bucket.”  Please see the following example, to illustrate this portion of our policy: 

 

  • An employee with 2 years of service has accrued and has available 72 PTO hours just prior to their anniversary date in March.  

  • After the March anniversary, the employee will carry forward that 72 hours into the new year. 

  • By May, the employee has not used any PTO and has accrued 8 additional hours to fill their bucket, for a total of 80 accrued PTO hours (also the maximum under the plan).  

  • The employee will not accrue any additional PTO until they use a portion of their 80 accrued PTO hours. 

 

Unless otherwise defined by local or state laws, a full-time employee works 30 or more hours every week. For all employees who work at least 80 hours per year, the first 40 hours of accrued PTO are considered to be the fulfillment of New York City’s Earned Safe and Sick Time Act.  Employees may use their accrued PTO to receive payment for time away from work for “safe leave” or “sick leave” pursuant to the New York City’s Earned Safe and Sick Time Act.  Please refer to the USHG Time and Attendance Policy for definitions and qualifying reasons for leave under New York City’s Earned Safe and Sick Time Act. 

 

A requested “day” of PTO is 8 hours. Employees who are scheduled for less than 8 hours may request PTO in 4 hour increments (with subsequent consecutive intervals of at least 30 minutes for safe or sick time).  PTO is paid at the employee’s base hourly pay rate at the time the PTO is taken, no later than the payday for the next regular payroll period beginning after the PTO time is used by the employee. The rate does not include overtime or any other forms of compensation such as gratuities, revenue share, incentives, commissions, bonuses, etc. 

 

Although you may be granted a full work day as approved PTO you are only paid for accrued PTO available, for a maximum of 8 hours for any calendar day. 

 

Procedure for Taking Planned Time Away from Work 

To be paid for any time away from work, employees must submit a Request for Time Off Form and have it approved by their People Manager. Please take note of the policies below and provide management with adequate notice of your intention to take PTO. A request does not guarantee approval. Time Off is granted on a first-come, first-served basis, unless the request is for medical reasons or leave pursuant to applicable law.  

 

Using PTO as Planned Time Off 

A Request for Time Off Form must be completed and approved by the employee’s manager at least two weeks prior to the start date of the requested PTO.  

 

Using PTO for Safe or Sick Days or Planned Health Reasons  

Requests for PTO should be made as soon as practicable under the circumstances for an unforeseeable need to use safe/sick time and at least seven days in advance for a foreseeable need to use safe/sick time.  Requests that are made in advance (between 1 and 7 days) may be requested in 4 hour increments (except where local or state laws differ). Requests for PTO made “same day” may be requested in 1 hour increments.  If an employee is absent for more than three consecutive days, the Company may request supporting documentation.  Please remember, you are only paid for available accrued PTO. 

 

Employees with certain medical conditions may be entitled to additional unpaid medical leave or leave as a reasonable accommodation under the Family Medical Leave Act, the Americans with Disabilities Act, the State or City Human Rights Laws, or other applicable laws (please see the USHG Policies & Guidelines).  Please speak to your manager and or contact the Company’s Benefits Administrator, (peopleandculture@ushgnyc.com), if you have a condition that requires you to miss significant time at work.    

 

Unexcused Absences 

If an employee is absent from work, missing some or all of a scheduled shift, without requesting the time off via the Request for Time Off Form or by requesting a paid “Safe or Sick Day” or “Planned Health Reason,” the absence will be considered an unexcused absence, per USHG’s Time and Attendance policy. 

 

Holidays 

Our businesses each have their own holiday schedule, though some are open 365 a year. Please check with your manager regarding your business’s holiday hours as well their procedure for requesting holiday time off.  

 

Transfers 

Upon transferring from one USHG business to another, employees will carry their accrued and unused PTO to their new position. 

 

Terminations 

We believe that time away from work, while being paid, is a vitally important benefit for our employees and strongly encourage employees to take the time off they have accrued.  We want our people to be able to take care of themselves and their needs outside of work and believe that in so doing, our people will be happier and healthier.  Accordingly, PTO cannot be applied to an employee’s termination notice period, cannot be “bought out” by an employee, and is not paid upon separation of employment.   

 

Rehires 

We offer reinstatement of length of service for eligible employees who leave USHG on good terms. This means that when eligible employees return to USHG, they will retain their entire tenure with USHG. 

 

 

 Please contact the People & Culture Team if you have any questions about the PTO Policy.