New York Legislation To Make clear Workers Cannot Be Punished For Lawful Absences – Worker Rights/ Labour Relations

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Personal-sector employers with “no-fault” attendance
insurance policies in New York might want to revisit their insurance policies following
an impending change to New York Labor Legislation.

On November 21, 2022, New York Governor Kathy Hochul signed an
modification to the Labor Legislation which prohibits employers from issuing
“factors” towards workers who’re absent from work for
any motive—together with absences coated underneath native, state or
federal regulation. Such absences would come with worker depart underneath the
federal Household Medical Go away Act, New York Paid Sick Go away, New
York Paid Household Go away, New York Paid COVID-19 Go away, and New York
Paid Vaccine Go away, to call a number of.

The brand new regulation goes into impact February 19, 2023. The regulation amends
Part 215, the Labor Legislation’s normal anti-retaliation

Influence on No-Fault Attendance Insurance policies

Underneath a no-fault attendance coverage, workers absent from work
are assessed “factors,” “demerits,” or
“occurrences” for taking depart, whatever the motive
for the absence. In flip, such insurance policies set off self-discipline towards
an worker if and after they accumulate sufficient factors.

The brand new regulation seeks to curtail no-fault attendance insurance policies in two

First, the regulation expands the definition of a “protected
exercise” to incorporate workers’ legally protected absences
pursuant to “federal, native, or state regulation.” Second, the
regulation states that issuing factors or demerits towards an worker might
represent a type of retaliation or discrimination: “assessing
any demerit, prevalence, another level, or deductions from an
allotted financial institution of time, which topics or might topic an
worker to disciplinary motion” could also be thought-about illegal
underneath the brand new regulation.

Employers Ought to Evaluation No-Fault Attendance Insurance policies For

Whereas job protections underneath present worker depart legal guidelines comparable to
the FMLA or N.Y. Paid Household Go away aren’t considerably altered,
the brand new regulation squarely assaults point-based absence polices. Employers
with “level” or “demerit” based mostly absence
insurance policies ought to rapidly evaluate such insurance policies for compliance with
the brand new regulation, particularly contemplating the regulation’s prohibition on
issuing factors if factors merely “might” set off
disciplinary motion.

Accordingly, HR professionals and managers needs to be ready to
deal with requests for day off within the coming months as the brand new regulation
comes into impact early subsequent yr.

The content material of this text is meant to supply a normal
information to the subject material. Specialist recommendation needs to be sought
about your particular circumstances.

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Developments In Employment Legislation As We Head Into 2023

Kramer Levin Naftalis & Frankel LLP

As we head into a brand new yr, it is necessary for employers to concentrate on and plan for developments in numerous areas of employment regulation which have lately taken impact or will take impact in 2023.

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