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Employers Prohibited from Retaliation for Lawful Absences

employer retaliation lawful absencesNew York has amended the state labor regulation to make clear that employers could not use retaliation to self-discipline staff for taking lawful, legally protected absences from work.

New Modification

On Nov. 21, 2022, Gov. Kathy Hochul signed A8092B, amending the New York State Labor Regulation to ban employers from discharging, threatening, penalizing, or in another method discriminating or retaliating towards any worker for utilizing an absence protected by federal, native or state regulation.

The modification specifies that prohibited retaliation contains assessing any demerit, prevalence, or another level or deductions from an allotted financial institution of time that would topic an worker to disciplinary motion, together with lack of pay or failure to obtain a promotion.

The modification takes impact 90 days after passage, or Feb. 19, 2023.


The change to the state labor regulation is aimed toward “no-fault” attendance insurance policies, underneath which staff are assessed factors, demerits, or “occurrences” for each absence from work, whatever the purpose. The factors, demerits, and occurrences topic staff to self-discipline, together with termination.

In its justification for the invoice, the legislature said that employers keep insurance policies that fail to tell staff about their authorized proper to take day without work with out punishment for sure diseases, well being circumstances, or disabilities and the necessity to look after an sick cherished one underneath state, native and federal civil rights legal guidelines. The assertion concluded, “Staff have the fitting to take legally-protected day without work from their jobs to deal with sure medical, caregiving, and spiritual wants with out penalty.”

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GTM Can Assist with Employer Compliance

Whether or not it’s this new regulation or the multitude of others that New York companies must adjust to, GTM’s HR consultants can be sure you are on prime of it. From occasional check-ins to common on-site HR, our specialists may also help construct compliance, streamline HR processes, and develop HR greatest practices. Fill out the temporary kind under to study extra.

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