Protecting Workers’ Rights Means Protecting Lawful Absences

On November 21, 2022, New York State Governor Kathy Hochul signed Bill A8092B (“the Lawful Absence Law”), into law.  The law amended Section 215 of the New York Labor Law to reiterate and further clarify to employers that it is illegal to discharge, threaten, penalize, discriminate, or retaliate against employees for using absences that are protected under federal, state, or local law.  Generally, the amendment, which went into effect in February of 2023, specifically prohibits employers from using absence control policies to assign or deduct points, which may lead to employees being penalized when an employee utilizes their legally protected absences.  However, in light of the law not specifically outlining what constitutes as a “legally protected absence pursuant to federal, local, or state law,” employees and employers should interpret this language liberally.  Interpreted broadly, the phrase “legally protected absences” may include but are not limited to, those taken in relation to illness, disability, and jury duty leave.

For employees, it is essential to remember that it is illegal for an employer to retaliate against them for asserting their rights entitled to them under labor laws.  This includes the assertion of the right to take legally protected absences.  Further, it is paramount that employees understand that retaliation can take many forms outside of termination.  For example, retaliation may look like your employer reducing your hours, assigning you arduous duties, altering your work schedule, and more.

Employers found to be violating the law may face penalties of up to $10,000 if it is their first violation but up to $20,000 for any subsequent breaches thereafter.  If you are an employee of an employer that has violated this law, you may be eligible for reinstatement, back pay, as well as other appropriate damages.

When asked to speak on the Lawful Absence Law, New York State Senator said, “Protecting the rights of workers is critical to ensuring the wellbeing and quality of life of New York families.  We have several laws in place to allow workers to take leave for important reasons, like caring for a sick child, voting, or giving blood.  Employers must follow the letter and the spirit of those laws, and not penalize workers for exercising their right to take legally protected leave.”

If you believe your employer has been or is currently violating the Lawful Absence Law, contact Borrelli & Associates, P.L.L.C., to schedule a free consultation through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com, or any of our phone numbers: (516) 248-5550, (516) ABOGADO, or (212) 679-5000.