On November 21, 2022, New York Governor Kathy Hochul signed into law an amendment to Section 215 of New York’s labor law, barring employers from disciplining employees for taking time off that is otherwise legally protected. The amendment, known as the “lawful absence law,” will take effect on February 19, 2023.

• Under the new amendment, employers may not in any way threaten, penalize, fire, or discriminate or retaliate against employees who take “lawful absences.”
• Prohibited practices include the use of “no fault” attendance policies and absence control procedures (e.g., point or “occurrence” tracking systems).
• The amendment expands the existing statute’s definition of “protected activity” to include any use of legally protected absence pursuant to federal, state, or local law. The amendment does not, however, define “legally protected absence,” thus implying a broad interpretation including all laws concerning employee leave in New York State and New York City as well as federal statutory leave laws.
• The amendment includes a private cause of action for current and former employees to recover monetary damages from employers when they believe their rights have been violated. In addition to reinstatement, employees may be eligible for penalties including back pay, front pay, and liquidated damages. The New York State Department of Labor may also issue up to $10k in civil penalties for a first violation and up to $20k for subsequent violations.
• Employers should examine their current leave policies for possible conflict with the lawful absence law, implement updates as needed, and communicate any policy changes to employees.