An Employer's Guide to New York State's New Lawful Absence Law
New York State Governor Kathy Hochul signed Bill A8092B into law on November 21, 2022, amending Section 215 of the New York Labor Law (NYLL) to prohibit employers from disciplining employees who take legally protected time off from work. Employers are expressly prohibited by the amendments to Section 215 of the NYLL from "assessing any demerit, occurrence, or any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action" for the use of "any legally protected absence under federal, local, or state law." Additionally, employers cannot maintain "no fault" attendance policies and absence control procedures, which may penalize workers for their use of legally protected absences. The amendments to Section 215 of the NYLL take effect on February 19, 2023.
Violations of Section 215 of NYLL:
NYLL Section 215 provides a private cause of action for current and former employees to initiate a lawsuit to recover monetary damages from employers that violate their rights under Section 215. Furthermore, employers that violate Section 215 may be required by the New York State Department of Labor (NYSDOL) to provide reinstatement and pay individuals for damages associated with violations of Section 215, including liquidated damages, back pay and front pay. The NYSDOL can also issue up to $10,000 in civil penalties to first-time violators of Section 215 and up to $20,000 for all subsequent violations.
Guidance for Employers:
Employers should take the time now to consult with their legal counsel regarding the methods by which any existing "no fault" attendance policies and/or absence control practices might need to be modified to comply with the lawful absence law.
Updating all leave policies that run afoul of the amended law;
Communicating the updated policies to all employees; and
Training supervisors, managers, and Human Resources personnel on the lawful absence law.
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This document is designed for general information only. The information presented on this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
For more information on this and other topics, please contact Kevin via any of the channels listed below:
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