NY State Senate Bill 2019-S6671

Senate Bill S6671

2019-2020 Legislative Session

Clarifies that workers shall not be punished or subjected to discipline by employers for lawful absences

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Aug 26, 2019	referred to rules

2019-S6671 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L; amd §203-a, add §203-d, Work Comp L

2019-S6671 (ACTIVE) - Summary

Clarifies that workers shall not be punished or subjected to discipline by employers for lawful absences.

2019-S6671 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6671

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the executive law and the workers'
compensation law, in relation to clarifying that workers shall not be
punished or subjected to discipline by employers for lawful absences

 
PURPOSE:

To ensure that employers are aware of the law and that employees know
their rights, and to establish a good faith, interactive process to
consider whether an employee is entitled to a reasonable accommodation,
thereby preventing unwarranted disciplinary actions.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends subdivision 1 of section 296 of the Execu-
tive Law by adding paragraph (h). Paragraph (h) stipulates that it shall
be an unlawful discriminatory practice for an employer, labor organiza-
tion, or employment agency to discipline employees for absences related
to a known disability or pregnancy-related condition, or that are other-

wise protected by law without engaging in a good faith, interactive
process to consider whether an employee is entitled to a reasonable
accommodation.

Section 2 of this bill amends paragraph (c) of subdivision 3 of section
296 of the Executive Law to specify that as part of the good faith,
interactive process, the employer must allow the employee a reasonable
opportunity to procure medical or other information which may preclude
disciplinary action.

Section 3 of this bill amends subdivision 3 of section 296 of the Execu-
tive Law by adding paragraph (d). Paragraph (d) requires employers to
provide employees written notice of their right to reasonable accommo-
dations for known disabilities or pregnancy-related conditions under
this article within 30 days of their first day of employment. If an
employer does not comply, a penalty will be assessed.

Section 4 of this bill amends section 203-a of the Workers' Compensation
Law by adding subdivision 3 to prohibit employers from retaliating,
threatening, or discriminating against an employee for exercising any
right to which such employee is entitled under this article.

Section 5 of this bill amends the Workers' Compensation Law by adding
section 203-d to mandate covered employers, as described in section 202
of this article, to provide employees written notice of their rights to
disability and family leave, their right to exercise such rights without
retaliation, and their right to reinstatement following use of family
leave. Such notification shall be provided within 30 days of the first
day of employment. If an employer does not comply, a penalty will be
assessed.

Section 6 of this bill establishes the effective date.

 
JUSTIFICATION:

Employees have the right to take legally-protected time off from their
jobs to address certain medical, caregiving, and religious needs without
penalty. Pregnant workers may need to take time off for a prenatal
check-up or to obtain emergency medical care. Workers who are caregivers
may need to stay home with a sick child or an elderly parent. Workers
who have chronic health conditions, or who suddenly become ill, may need
to seek ongoing or immediate medical attention.

Too often, however, absence control or "no-fault" attendance policies
violate workers' rights in New York State and discourage them from
taking job-protected leave or time off to which they are entitled by
law. Under such policies, employees are assessed points (also referred
to as "demerits" or "occurrences") for each absence regardless of the
reason. Those points subject workers to discipline, often including
termination. Such policies may force employees to choose between taking
care of their health and keeping their job.

Employers ignore or interfere with these rights due to ambiguities in
the law and their own policies and practices. By punishing workers for
any absence, including absences protected by law, absence control poli-
cies frequently threaten public health and family economic security, and
undermine New York State workplace rights.

The purpose of this legislation to make it explicitly clear that workers
shall not be punished or subjected to discipline for lawful absences.
Workers have the right to take legally-protected time off from their
jobs to address certain medical, caregiving, and religious needs without
penalty.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Minimal fiscal implications

 
EFFECTIVE DATE:
This act shall take effect 90 days after it becomes law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.

2019-S6671 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6671
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              August 26, 2019
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law and the workers' compensation law,  in
   relation to clarifying that workers shall not be punished or subjected
   to discipline by employers for lawful absences

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of  section  296  of  the  executive  law  is
 amended by adding a new paragraph (i) to read as follows:
   (I)  FOR  AN  EMPLOYER,  LABOR  ORGANIZATION,  OR EMPLOYMENT AGENCY TO
 ASSESS POINTS, OCCURRENCES, OR OTHERWISE DISCIPLINE  EMPLOYEES,  INCLUD-
 ING,  BUT  NOT  LIMITED  TO,  THROUGH  A TIME AND ATTENDANCE POLICY, FOR
 ABSENCES RELATED TO A KNOWN DISABILITY, PREGNANCY-RELATED CONDITION,  OR
 OTHERWISE  PROTECTED  BY  LAW,  WITHOUT  FIRST ENGAGING IN A GOOD FAITH,
 INTERACTIVE PROCESS TO CONSIDER WHETHER AN EMPLOYEE  IS  ENTITLED  TO  A
 REASONABLE ACCOMMODATION.
   §  2.  Paragraph  (c) of subdivision 3 of section 296 of the executive
 law, as added by chapter 369 of the laws of 2015, is amended to read  as
 follows:
   [(c)]  (C-1) The employee must cooperate in providing medical or other
 information that is necessary to verify the existence of the  disability
 or  pregnancy-related  condition, or that is necessary for consideration
 of the accommodation. The employee has a  right  to  have  such  medical
 information  kept  confidential.  AS PART OF THE GOOD FAITH, INTERACTIVE
 PROCESS, THE EMPLOYER MUST AFFORD THE EMPLOYEE A REASONABLE  OPPORTUNITY
 TO  PROVIDE  MEDICAL OR OTHER INFORMATION WHICH MAY PRECLUDE THE ASSESS-
 MENT OF POINTS, OCCURRENCES, OR OTHER FORMS OF DISCIPLINE, INCLUDING BUT
 NOT LIMITED TO PURSUANT TO A TIME AND ATTENDANCE POLICY.
   § 3. Subdivision 3 of section 296 of the executive law is  amended  by
 adding a new paragraph (d) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13501-03-9

 S. 6671                             2
 
   (D)(1) EVERY EMPLOYER SHALL PROVIDE ALL OF ITS EMPLOYEES, WITHIN THIR-
 TY  DAYS  OF  THEIR FIRST DAY OF EMPLOYMENT, A WRITTEN NOTICE CONTAINING
 EMPLOYEES' RIGHTS TO REASONABLE ACCOMMODATIONS FOR KNOWN DISABILITIES OR
 PREGNANCY-RELATED CONDITIONS UNDER THIS  ARTICLE.    SUCH  NOTICE  SHALL
 SPECIFY  THAT REASONABLE ACCOMMODATIONS MAY INCLUDE, BUT ARE NOT LIMITED
 TO, JOB RESTRUCTURING; REASSIGNMENT OR TRANSFER;  MODIFIED  OR  ADJUSTED
 WORK SCHEDULES; OR TIME OFF DURING PREGNANCY OR FOR CHILDBIRTH RECOVERY.
   (2)  IF  ANY EMPLOYEE IS NOT PROVIDED A NOTICE AS REQUIRED BY SUBPARA-
 GRAPH ONE OF THIS PARAGRAPH, HIS OR HER EMPLOYER SHALL BE LIABLE  FOR  A
 PENALTY OF FIFTY DOLLARS FOR EACH WORKDAY THAT THE VIOLATION OCCURRED OR
 CONTINUES  TO OCCUR, BUT NOT TO EXCEED A TOTAL OF FIVE THOUSAND DOLLARS,
 TOGETHER WITH COSTS AND REASONABLE ATTORNEYS' FEES. THE ATTORNEY GENERAL
 MAY BRING ANY LEGAL ACTION NECESSARY, INCLUDING  ADMINISTRATIVE  ACTION,
 TO  COLLECT  SUCH  CLAIM. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN
 ACTION TO RECOVER UPON A LIABILITY IMPOSED BY THIS SUBDIVISION  MUST  BE
 COMMENCED WITHIN SIX YEARS.
   §  4.  Section  203-a  of  the workers' compensation law is amended by
 adding a new subdivision 3 to read as follows:
   3. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO RETALIATE BY  DISCHARGING,
 FIRING,  SUSPENDING,  EXPELLING,  DISCIPLINING,  INCLUDING  THROUGH  THE
 ASSESSMENT OF POINTS OR OCCURRENCES, UNDER A TIME AND ATTENDANCE  POLICY
 OR  OTHERWISE, THREATENING OR IN ANY OTHER MANNER DISCRIMINATING AGAINST
 AN EMPLOYEE FOR EXERCISING ANY RIGHT TO WHICH SUCH EMPLOYEE IS  ENTITLED
 UNDER  THIS ARTICLE OR WITH THE PURPOSE OF INTERFERING WITH THE EXERCISE
 OF ANY RIGHT TO WHICH SUCH EMPLOYEE IS ENTITLED UNDER THIS CHAPTER.
   § 5. The workers' compensation law is amended by adding a new  section
 203-d to read as follows:
   §  203-D. NOTICE OF RIGHTS. 1. EVERY COVERED EMPLOYER, AS DESCRIBED IN
 SECTION TWO HUNDRED TWO OF  THIS  ARTICLE,  SHALL  PROVIDE  ALL  OF  ITS
 EMPLOYEES,  WITHIN THIRTY DAYS OF THEIR FIRST DAY OF EMPLOYMENT, A WRIT-
 TEN NOTICE INFORMING EMPLOYEES OF THEIR RIGHTS TO DISABILITY AND  FAMILY
 LEAVE UNDER SECTION TWO HUNDRED FOUR OF THIS ARTICLE, THEIR RIGHT NOT TO
 BE  RETALIATED  AGAINST  FOR  EXERCISING  SUCH  RIGHTS UNDER SECTION TWO
 HUNDRED THREE-A OF  THIS  ARTICLE,  AND  THEIR  RIGHT  TO  REINSTATEMENT
 FOLLOWING  THE  USE OF FAMILY LEAVE UNDER SECTION TWO HUNDRED THREE-B OF
 THIS ARTICLE.
   2. IF ANY EMPLOYEE IS NOT PROVIDED A NOTICE AS REQUIRED BY SUBDIVISION
 ONE OF THIS SECTION, HIS OR HER EMPLOYER SHALL BE LIABLE FOR  A  PENALTY
 OF FIFTY DOLLARS FOR EACH WORKDAY THAT THE VIOLATION OCCURRED OR CONTIN-
 UES  TO  OCCUR,  BUT  NOT  TO  EXCEED  A TOTAL OF FIVE THOUSAND DOLLARS,
 TOGETHER WITH COSTS AND REASONABLE ATTORNEYS' FEES. THE ATTORNEY GENERAL
 MAY BRING ANY LEGAL ACTION NECESSARY, INCLUDING  ADMINISTRATIVE  ACTION,
 TO COLLECT SUCH CLAIM.
   3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, AN ACTION TO RECOVER
 UPON A LIABILITY IMPOSED BY THIS SECTION MUST BE  COMMENCED  WITHIN  SIX
 YEARS.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.

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