Client Alert

Reminder: Effective February 19, 2023 – New York Labor Law Prohibits Discipline or Retaliation for Lawful Absences

As we previously reported, Governor Kathy Hochul signed into law an amendment to Section 215 of the New York Labor Law, which expands the retaliation protections under the law. Effective February 19, 2023, employers in New York will be prohibited from disciplining or retaliating against employees who take legally protected absences.

The amendment expressly prohibits employers from “assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time” that might eventually result in an employee’s discipline. The new amendment effectively prohibits the use of no-fault attendance policies in New York.

“Legally protected absence” is defined as any absence covered by federal, local, or state law. Moving forward, any issuance of attendance points following an employee’s protected absence may now be deemed retaliation.

A fine of up to $10,000 can be imposed for the first violation of the new law and if an employer is found to have previously violated the Labor Law in the previous six years, this fine can be increased to as much as $20,000. Further, employees who are discharged from employment may also be entitled to back pay and liquidated damages for each violation.

We recommend that employers review their leave of absence policies to ensure compliance with the expanded retaliation protections to prepare for the new law to take effect. Should you have any questions, please contact Ali Law Group.

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