On November 21, 2022, Governor Hochul signed into law Bill A8092B, which amends the New York Labor Law (“NYLL”) to provide a new potential claim for employees who are retaliated against for taking lawful absences from work. The amendments also expressly prohibit employers from using “no-fault” attendance policies that penalize employees for taking protected absences. The new provisions of NYLL will be effective on February 20, 2023.
New Anti-Retaliation Provisions
When effective, the NYLL will prohibit employers from discharging, threatening, penalizing, discriminating or retaliating against an employee “because such employee has used any legally protected absence pursuant to federal, local, or state law.” Legally protected absences include absences taken pursuant to federal and state leave laws, such as the Family and Medical Leave Act (“FMLA”), the New York State and City Paid Sick Leave Laws, and the New York State Paid Family Leave Law.
The amendments will also restrict New York employers from maintaining “no-fault” attendance policies whereby an employer assigns “points” to employees for certain absences and imposes disciplinary action against employees who reach a certain number of points. The amended law expressly prohibits employers from imposing “any demerit, occurrence, any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action, which may include but not be limited to failure to receive a...
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