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<blockquote data-quote="Fenris" data-source="post: 6038701" data-attributes="member: 35081">Sec. 12:&nbsp;If an employer’s employees are covered by a collective bargaining agreement in effect on the effective date of this act, this act applies beginning on the stated expiration date in the collective bargaining agreement, notwithstanding any statement in the agreement that it continues in force until a future date or event or the execution of a new collective bargaining agreement.Applying these sections depends on the specific terms and conditions of the collective bargaining agreement, and these two sections preclude interference with current agreements when the parties have negotiated sick leave benefits. Thus, the Wage and Hour Department has identified two scenarios that determine whether the ESTA applies to employees beginning on Feb. 21, 2025:<ol>
<li data-xf-list-type="ol">The collective bargaining agreement includes terms regarding sick time or sick leave benefits:</li>
</ol>Provided that the collective bargaining agreement includes terms related to sick leave, sick time, PTO with uses for sick time, or a similar benefit, the collective bargaining agreement terms apply, even if the benefit is less than what is required by the ESTA, until the agreement expires or is renewed, extended, or otherwise renegotiated. The agreement also applies in situations where the agreement expressly excludes sick leave benefits.&nbsp;2. The collective bargaining agreement is silent as it relates to sick time or sick leave benefits:Employees covered by a collective bargaining agreement that is completely silent on sick leave, either for the entire unit or for specific classifications covered by the agreement, are covered by the ESTA and begin accruing benefits on Feb. 21, 2025.</blockquote>

[QUOTE="Fenris, post: 6038701, member: 35081"] [I]Sec. 12:[/I] [I]If an employer’s employees are covered by a collective bargaining agreement in effect on the effective date of this act, this act applies beginning on the stated expiration date in the collective bargaining agreement, notwithstanding any statement in the agreement that it continues in force until a future date or event or the execution of a new collective bargaining agreement.[/I] Applying these sections depends on the specific terms and conditions of the collective bargaining agreement, and these two sections preclude interference with current agreements when the parties have negotiated sick leave benefits. Thus, the Wage and Hour Department has identified two scenarios that determine whether the ESTA applies to employees beginning on Feb. 21, 2025: [LIST=1] [*][B][B]The collective bargaining agreement includes terms regarding sick time or sick leave benefits:[/B][/B] [/LIST] [B]Provided that the collective bargaining agreement includes terms related to sick leave, sick time, PTO with uses for sick time, or a similar benefit, the collective bargaining agreement terms apply, [I]even if the benefit is less than what is required by the ESTA[/I], until the agreement expires or is renewed, extended, or otherwise renegotiated. The agreement also applies in situations where the agreement expressly excludes sick leave benefits.[/B] 2. The collective bargaining agreement is silent as it relates to sick time or sick leave benefits: Employees covered by a collective bargaining agreement that is completely silent on sick leave, either for the entire unit or for specific classifications covered by the agreement, are covered by the ESTA and begin accruing benefits on Feb. 21, 2025. [/QUOTE]

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