PAID TIME OFF AND TIME AWAY FROM WORK:  

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  

All exempt employees (ineligible for overtime under applicable federal and/or state law) are awarded their PTO upon hire, and thereafter, on each anniversary, based on the chart below. An employee can review their PTO award in UltiPro by electing: select Myself -> Benefits -> PTO.  

  

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

  

Years of Service with USHG PTO Award on Anniversary

0-5 years 120 Hours (15 days)

5-10 years 160 hours (20 days)

10+ years 200 hours (25 days)

  

Unused PTO can be carried forward from year to year.  An employee’s available PTO maximum cannot exceed the maximum amount that you are eligible to accrue based on your years of service.  Please see the following example, to illustrate this portion of our policy: 

 

  • An employee with 6 years of service has 32 PTO hours available just prior to their anniversary date in December.  

  • After the December anniversary, the Company will award an additional 128 hours of PTO (160 hours available total minus 32 hours from the previous year award).  

  • The Company will not award the employee any additional PTO for the year; PTO hours are awarded on an annual basis on an employee’s anniversary date and unused PTO from the previous year cannot be used to exceed the maximum award in accordance with the above chart.  

 

A requested “day” of PTO is 8 hours. PTO is paid at the employee’s base 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 any other forms of compensation such as incentives, commissions, bonuses, etc.  

  

Procedure for Taking Planned Time Away from Work  

All Time Off must be requested via a “Request for Time Off Form,” which must be approved by your People Manager in advance. Please provide your People Manager with at least two weeks’ notice of your intention to take time off, unless your business requires a lengthier notice period. 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. To allow us to operate smoothly in your absence, please make sure your responsibilities and deadlines are covered. For extended time away for reasons other than leave pursuant to applicable law, please submit a “Request for Time Off” to your People Manager for approval at least four weeks prior to your requested Time Off.  

  

Safe and Sick Leave  

 

USHG provides exempt full-time1 employees eighty (80) hours of paid “safe leave” or “sick leave” pursuant to the New York City Earned Sick and Safe Time Act. Please refer to the USHG Time and Attendance Policy for definitions and qualifying reasons for leave under the Earned Safe and Sick Time Act.  For all employees who work at least 80 hours per year, an employee’s first 40 hours of sick time will be considered to be the fulfillment of New York City’s Earned Safe and Sick Time Act.  

 

Requests 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. 

 

In the event that you require time off for safe leave or sick leave, please also ensure that all deadlines and work requirements are covered in your absence. People Managers are required to document sick days for exempt employees that they manage.  If an employee is absent for more than three consecutive days, the Company may request supporting documentation. 

 

An employee’s use of more than eighty (80) hours of sick leave in any given year, could be considered excessive, and may be subject to disciplinary action, up to and including termination of employment.  However, 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.    

  

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 as their procedure for requesting holiday time off, and ensuring proper coverage.   

 

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 that employees to take the time off that they have are awarded.  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.