On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the Law). The Law amends §215 of the New York Labor Law (NYLL) to “clarif[y] that workers shall not be punished or subjected to discipline by employers for lawful absences.” Specifically, the Law prohibits employers from “assessing any demerit, occurrence, or any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action” stemming from the use of “any legally protected absence under federal, local, or state law.” The Law is designed to nullify “no fault” attendance policies, which place points on an employee’s record for absences, regardless of the reason behind the absence. As points accrue over time, employees may be subject to discipline, including termination.
