Paid Sick Time Q&As
Q: When is the Agreement effective?
A: January 1, 2023
Q: How many sick days will each employee receive?
A: Each employee will receive four paid sick days per year. Additionally, employees will be able to convert up to three personal leave days to paid sick days. The number of PL days that can be converted are subject to how many days the employee qualifies for under the Agreement.
Q: What is the compensation for Sick Days?
A: All paid sick time shall be paid at the respective straight time hourly rate of pay of the position currently held by the employee, but no greater than the rate of pay for a Personal Leave Day. If the Employee is unassigned at the time of use of paid sick time, the paid sick time shall be paid at the respective straight time hourly rate of pay of the last position the Employee worked and was compensated, but no greater than the rate of pay for a Personal Leave Day.
Q: How does an employee earn the sick days provided in the Agreement?
A: An employee must provide compensated service in the calendar year to qualify for the paid sick days for that year.
Q: Are sick days payable in the event of an employee resignation, termination, death, or retirement? A: If an employee has qualified for sick days in a calendar year and retires, compensation will be provided for unused days. If an employee is terminated or resigns, the sick days will not be paid out. If an employee dies, compensation for unused sick days will be paid to the employee’s estate.
Q: Are paid sick days considered excused absences under the Attendance Guidelines? A: While paid sick days are not considered excused absences under current policies, BNSF’s supervisors have the ability to examine the circumstances of each absence and exercise discretion. Specifically, paid sick leave agreements state that paid sick absences will be handled in accordance with the applicable BNSF attendance policy. That means that under the current Mechanical Attendance Guidelines, paid sick day absences may be considered as part of an employee’s total absenteeism record. As set forth in the Attendance Guidelines, an employee will not be subject to progressive discipline unless the employee’s unexcused absences become excessive.
Q: Can I be required to provide a doctor’s note to substantiate a paid sick layoff? A: Yes.
Q: Under what circumstances can an employee use a compensated sick day?
A: Compensated sick days are available to employees who are absent from work due to a bona fide case of sickness or prescheduled medical appointment. This includes cases of bona fide sickness of an immediate family member. An employee falsely claiming sick time will be subject to disciplinary action under the BNSF Policy for Employee Performance Accountability.
Q: Can I take a partial compensated sick day?
A: Compensated sick days must be paid in minimum one (1) day increments. If an employee misses a partial shift due to sickness, the employee will still be paid for a full sick day, in addition to any time actually worked.
Q: When will paid sick days be visible in the Workforce Hub?
A: Programming changes will be needed to incorporate paid sick days. Additional information will be provided when a more definitive timeline is known.
Q: Are paid sick days considered as “qualifying” days for purposes of holiday qualification? A: No. Layoffs taken as paid sick time are disqualifying days for purposes of holiday pay qualification.
Q: Do sick days count towards next year’s vacation qualification?
A: A compensated sick day is not considered compensated service for purposes of vacation qualification; however, for employees covered under the Non-Ops National Vacation Agreement, employees may be eligible to receive credit for sick days, consistent with the terms of Section 1 (H) of the Non-Ops National Vacation Agreement.
Q: What happens to unused sick days at the end of the year? Can those days be carried over or “banked” for future use?
A: Unused sick days will be automatically paid out at the end of the year at the employee’s straight time hourly rate of the position currently held by the employee. Unused sick days cannot be carried over to the following calendar year or “banked” for future use.
Q: What steps does an employee need to take in order to get compensated for a sick day? A: Paid sick days will be paid out automatically when an employee lays off sick. Employees may be required to provide a doctor’s note to substantiate a claim of sickness.
Q: How will compensated sick days impact RRB supplemental sickness benefits? A: A compensated sick day will delay an employee’s eligibility for sickness benefits under the RUIA and Supplemental Sickness benefits as it would be considered a compensated day.
