New York recently passed a law that prohibits employers from penalizing workers for taking legally protected leave.
The law states that it's illegal retaliation if an employer disciplines workers by assessing points or deductions from a time bank when an employee uses any form of legally protected time off. It will take effect on Feb. 20, 2023.
"It is unique legislation that we haven't seen in other states," said Scott Allen, an attorney with Foley & Lardner in Milwaukee. "I wouldn't say it's a drastic change."
The law applies to any absences protected under local, state or federal law. It impacts no-fault attendance policies under which employers count a point against an employee who is absent, regardless of the reason for the absence. No-fault attendance policies tend to be more common in union settings and industries involving manufacturing and manual labor, Allen noted.
Employers can still have a policy that uses points to track attendance, Allen said, but legally protected absences can't be included. "The reason for each absence has to be considered," he said, so that protected leaves don't count against an employee.
It will take some adjustments from HR and managers if they've been used to docking workers for absences, regardless of the cause. "Employers must review their attendance or other absence control policies to ensure they are compliant with the law," recommended Melissa Camire, an attorney with Fisher Phillips in New York City. Managers, HR and anyone...
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