A bill that recently passed the New York State legislature would clarify that businesses with no-fault attendance policies cannot discipline or punish employees who take time off that is legally protected under federal, state or local laws.

For example, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act, and New York State and New York City paid-sick-leave laws guarantee time off without punishment, so it would be illegal to assess a demerit, deduction from a timebank or disciplinary action for taking legally protected time off.

The new bill would prohibit employers from firing, threatening, penalizing, discriminating or retaliating against employees because they made a complaint to the employer or state authorities that the employer violated the law.

The bill hasn't been signed by the governor yet.

"It was expected that Gov. Kathy Hochul would sign the bill into law, although it has been pending for nearly three months now," said Theresa D'Andrea, an attorney with Fisher Phillips in New York City. "The bill would take effect 90 days after Gov. Hochul signs it into law."

"The bill passed through each legislative chamber with essentially unanimous support," said Matthew Rosenthal, an attorney with Proskauer in New York City. "Also, the governor has shown a willingness to sign into law other pieces of legislation aimed at strengthening workplace protections. Thus, this bill is likely to be signed into law."

No-fault attendance policies would still...

Read Full Story: https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-u...