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.

New York employers should review their attendance and leave of absence policies to ensure compliance with this new law. If you have questions about your obligations, please reach out to the Jackson Lewis attorney with whom you regularly work.

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Photo of Jenifer M. Bologna Jenifer M. Bologna

Jenifer Bologna is a principal in the White Plains, New York, office of Jackson Lewis P.C. She focuses much of her practice on assisting multi-state employers with compliance solutions, developing policies and practices that are lawful in all of the jurisdictions in which…

Jenifer Bologna is a principal in the White Plains, New York, office of Jackson Lewis P.C. She focuses much of her practice on assisting multi-state employers with compliance solutions, developing policies and practices that are lawful in all of the jurisdictions in which they operate.

Jenifer specializes in preventative advice and counsel on a nation-wide basis, regularly advising clients on multi-state employment law issues to address an increasingly remote and hybrid workforce. In addition, she supports employers in navigating the complex and growing body of federal, state and local leave, accommodation and benefit laws that impact an employer’s response to employees who are injured or ill, have family care responsibilities or need time to bond with children.

Jenifer’s extensive counseling experience allows her to provide nuanced advice that helps employers effectively respond to the legal and business challenges posed by the varying array of workplace employment laws. Utilizing creative legal strategies and practical advice, she guides clients through these complex issues that often demand individualized solutions.

Jenifer’s goal is to minimize her clients’ litigation risk by working with them to implement preventative strategies and constructive solutions. As such, she regularly assists employers with policy and process development or improvement, including absence management and accommodation protocols and multi-state employment policies. Understanding there is no one-size-fits-all approach, Jenifer works with clients to develop an employment law compliance strategy that best fits their specific needs.

In addition to advice and counsel, Jenifer frequently speaks on disability and absence management issues and employment law compliance, including regularly conducting workplace training on these topics.

Photo of Tania J. Mistretta Tania J. Mistretta

Tania J. Mistretta is a principal in the New York City, New York, office of Jackson Lewis P.C. She partners closely with national and local clients to advise on challenging workplace law issues, providing strategic advice on how to achieve business objectives while…

Tania J. Mistretta is a principal in the New York City, New York, office of Jackson Lewis P.C. She partners closely with national and local clients to advise on challenging workplace law issues, providing strategic advice on how to achieve business objectives while ensuring compliance with the law.