As of February 19th, 2023, Governor Hochul signed a Bill into law that expanded retaliatory workplace protections for employees, regarding certain time-off and leave requests. Here is what New York employers need to know.
The new, New York Labor Law prohibits an employer from punishing or disciplining an employee who takes time off work for any “lawful absence” that is protected by federal, state, or local law.
It is important to be aware of requirements in New York, to avoid hefty New York Labor Law Penalties and Fines.
No-Fault Attendance Policies or other point-based attendance policies are, as you may have guessed, attendance policies that use a point or similar system to assess disciplinary action for things such as tardies, absences, and similar issues. Employees are typically terminated after accruing a certain amount of points.
Under New York No-Fault Attendance Policy Law (Senate Bill S1958A), employers that utilize point-based attendance policies or no-fault policies are prohibited from assessing "attendance points" when employees take time off from work for any protected “lawful absence.”
Some of these lawful absences in New York would include:
Employers that utilize point-based attendance policies/no-fault policies that take any and all absences into account should review existing attendance policies and procedures to ensure compliance with the new requirements. Any policy that does not meet the requirements set forth by the new law will be considered retaliatory against an employee.
For help with New York Attendance Policy Law, or other areas of New York Labor Law compliance, contact us today, or check out our New York HR Services.
If you'd like to learn more about the New York State and New York City minimum wage, you can click here.
Businesses also may want to inquire about our New York Employee Handbook Services.