New York employers soon will have to comply with another new employment law. As of February 19, 2023, employers may not discipline employees for taking lawful absences pursuant to federal, state, or local law. The new law, which amends Section 15 of the New York Labor Law (NYLL), was signed by Governor Kathy Hochul on November 21. Here is what it means for New York employers.
Section 215 of the NYLL
Section 215 of the NYLL prohibits employers from penalizing, threatening, or discriminating or retaliating against employees for engaging in activities that are protected under the law. Such protected activities include making a complaint about a possible labor law violation, providing information to the New York State Department of Labor (NYDOL), starting a proceeding under the NYLL, testifying in an investigation or other proceeding under the NYLL, exercising rights that are protected under the NYLL, and causing the employer to receive an adverse determination from NYDOL.
The new amendment expands what is protected under Section 215 to now include an employee's use of any legally protected absence pursuant to federal, local, or state law. The amendment does not define what constitutes a "legally protected absence pursuant to federal, local, or state law," and it does not reference any specific federal, local, or state law. However, the law presumably protects the use of any absences or leaves granted by the New York Paid Family Leave Law, the New York Paid Sick Leave Law, the...
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