New York Bans Discipline For Legally Protected Absences

We have many new laws giving employees the right to take time off. These include a variety of federal, state, and local laws that entitle employees to paid and unpaid time off from work including the federal Family and Medical Leave Act, the New York Paid Family Leave law, the New York Paid Sick Leave law and New York City Earned Safe and Sick Time Act, to name but a few.

If you are a New York employer, Governor Hochul signed a new law on November 21, 2022, taking effect on February 19, 2023, clarifying that it is unlawful for an employer to penalize an employee for any absence protected under federal, state, or local law.

Under the amended law, when an employee is absent for a legally protected reason, employers are prohibited from “assessing 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 promotion or loss of pay or termination.”

To ensure compliance, New York employers should review their attendance and leave of absence policies.