February 5, 2023

Volume XIII, Number 36

Error message

  • Warning: Undefined variable $settings in include_once() (line 135 of /var/www/html/docroot/sites/default/settings.php).
  • Warning: Trying to access array offset on value of type null in include_once() (line 135 of /var/www/html/docroot/sites/default/settings.php).
Advertisement

February 03, 2023

Subscribe to Latest Legal News and Analysis
Advertisement

New York Bars Discipline for Legally Protected Employee Absences

On November 21, 2022, New York Governor Kathy Hochul signed a law clarifying that it is unlawful for an employer to penalize an employee for any absence protected under federal, state or local law. (S.1958/A.8092). The law goes into effect on February 19, 2023.

This new law amends Section 215 of New York Labor Law by protecting workers from being penalized or in any manner retaliated against for taking legally protected absences. There are a myriad of federal, state and local laws that entitle New York 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 just a few.  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.” Violations of the law can lead to significant civil penalties and damages.

Jackson Lewis P.C. © 2023National Law Review, Volume XII, Number 337
Advertisement
Advertisement
Advertisement

About this Author

Jenifer Bologna Employment Lawyer Jackson Lewis
Of Counsel

Jenifer Bologna is Of Counsel in the White Plains, New York, office of Jackson Lewis P.C.

Ms. Bologna has extensive experience counseling employers on a variety of employment law issues. Ms. Bologna specializes in assisting employers in meeting the legal and practical challenges posed by federal and state laws protecting injured and ill employees, the most notable being the Americans with Disabilities Act and the Family and Medical Leave Act. In addition to counseling and training employers, Ms. Bologna represents management in workplace litigation in both...

914-872-6869
Associate

Henry S. Shapiro is an Associate in the Long Island, New York, office of Jackson Lewis P.C. His practice focuses on representing employers in workplace law matters, including preventive advice and counsel.

While attending law school, Mr. Shapiro was the Senior Articles Editor for the Hofstra Law Review and he became a certified mediator in New York State. Mr. Shapiro completed a Concentration in Labor & Employment Law while in law school.

Prior to joining Jackson Lewis, Mr. Shapiro was an Associate at a Long Island...

631-247-4651
Tania J. Mistretta Attorney Employment Law Litigation Jackson Lewis New York City
Principal

Tania J. Mistretta is a principal in the New York City, New York, office of Jackson Lewis P.C. Her practice focuses on representing employers in all areas of employment law, including handling employment litigation matters and offering preventative counseling.

Tania’s employment litigation experience includes defending employers against claims of discrimination, retaliation and harassment under federal, state and local law. She regularly counsels employers on a broad range of employee issues, including disciplines and...

212-545-4070
Advertisement
Advertisement
Advertisement