On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the "lawful absence law"), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees who take legally protected time off from work. The amendments to Section 215 of the NYLL expressly prohibit employers from "assessing any demerit, occurrence, or any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action" for the use of "any legally protected absence under federal, local, or state law."1 In brief, employers cannot threaten, penalize, discipline, fire, or otherwise discriminate or retaliate against employees for their use of lawful absences. Additionally, employers cannot maintain "no fault" attendance policies and absence control procedures, which may penalize workers for their use of legally protected absences. The amendments to Section 215 of the NYLL take effect on February 19, 2023.
Many employers generally maintain and utilize "no fault" attendance policies and/or absence control practices and procedures to regulate and minimize employee absences and tardiness within the workplace. "No fault" attendance policies typically operate by penalizing workers for absences or tardiness through a points system. Points – also referred to as "demerits" or "occurrences" – are typically allocated to an...
Ken Ranta, CEO of the District of Thunder Bay Social Services Administration Board, is advising the public some election candidates are making inaccurate statements regarding the board and the work...