New York law to prevent retaliation against lawful absences takes effect

ALBANY, N.Y. — A new state law that protects workers from retaliation against lawful absences from work went into effect Feb. 21.

The law (Senate Bill S1958A and Assembly Bill A8092B) was signed last November by Gov. Kathy Hochul. It clarifies that it’s illegal for employers to threaten, penalize, discriminate, or retaliate against employees for using absences protected under federal, state, or local law including time off covered by the New York State Paid Family Leave and New York State Paid Sick Leave.

“Employees should not have to fear for their jobs when taking legally protected time away from work,” New York State Department of Labor Commissioner Roberta Reardon said in a release. “This new law reassures our workforce that we value their work and their well-being.”

Under the new statute, employers are specifically prohibited from assigning or deducting points under an absence-control policy when an employee uses legally protected absences. Those are absences can include sickness, disability, pregnancy, caregiving obligations, domestic-violence leave, jury duty, voting leave, and blood-donor leave.

Employers who violate this law can face penalties of up to $10,000 for initial violations and up to $20,000 for subsequent violations. Impacted employees may also be eligible to receive back pay and damages. Employers are also prohibited from retaliating against employees who assert their rights under the state labor law. Forms of retaliation may include alteration of work schedule, pay reduction, disciplinary action, or assignment to unfavorable duties.

In 2022, the Division of Labor Standards investigated more than 5,500 reports from workers of labor violations related to COVID-19 and New York State Paid Sick Leave.

More information about the new law is available at https://dol.ny.gov/retaliation.