Greater Protection for Lawful Leave of Absences

What rights do employees have for leave of absences?

Further amendments are going into effect for lawful leave of absences that protect workers’ rights.

On November 21, 2022, NY Governor Kathy Hochul signed the amendments into law. They are effective in 90 days after becoming law.

What changes does the amendment cover?

According to JD Supra, the amendment clarified and expanded the definition of “threaten, penalize, or in any other way discriminate or retaliate against any employee.” Examples of this unlawful activity include assessing demerits or time deductions that would lead to an employee’s:

  • Disciplinary action
  • Loss of pay
  • Failure to receive a promotion

What lawful leaves of absence exist in New York?

New York has a long list of leaves of absence that are lawful for employees to take. Employers do not have the right to deny or retaliate against employees for taking their leave of absence. The leaves include:

  • New York Paid Sick Leave
  • New York Paid Family Leave
  • Family and Medical Leave Act
  • New York Paid Covid-19 Leave
  • New York Paid Vaccine Leave
  • Military Spouse Leave
  • Blood Donation Leave
  • Bone Marrow Donation Leave
  • Jury Leave
  • Voting Leave
  • Witness and Victims of Crime Leave
  • Volunteer Emergency Response Leave

The new amendment might also apply to the following time off:

  • Disability (American with Disabilities Act or ADA)
  • Unpaid leave for reasonable accommodation under the ADA and New York Executive Law
  • Workers compensation

Have you received unfair treatment in regard to leaves of absence?

The Law Office of Peter A. Romero assists clients with employment law issues. Clients throughout NYC, including in Queens, Brooklyn, The Bronx and Harlem/Upper Manhattan turn to us for legal help. Call us at (631) 257-5588 or contact us online to schedule an appointment.