Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 31, 2022 |
returned to assembly passed senate 3rd reading cal.384 substituted for s1958a |
May 23, 2022 |
referred to investigations and government operations delivered to senate passed assembly ordered to third reading rules cal.317 rules report cal.317 reported |
May 17, 2022 |
reported referred to rules |
May 11, 2022 |
reported referred to codes |
May 06, 2022 |
print number 8092b |
May 06, 2022 |
amend (t) and recommit to labor |
Feb 07, 2022 |
print number 8092a |
Feb 07, 2022 |
amend (t) and recommit to labor |
Jan 05, 2022 |
referred to labor |
Jun 11, 2021 |
referred to labor |
Assembly Bill A8092B
2021-2022 Legislative Session
Sponsored By
REYES
Archive: Last Bill Status - Passed Senate & Assembly
- 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
Actions
Votes
Bill Amendments
2021-A8092 - Details
2021-A8092 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8092 2021-2022 Regular Sessions I N A S S E M B L Y June 11, 2021 ___________ Introduced by M. of A. REYES -- read once and referred to the Committee on Labor AN ACT to amend the executive law, in relation to clarifying that work- ers 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. Legislative intent. Too often, 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, workers are assessed points (sometimes referred to as "demerits" or "occurrences") for each absence - regardless of the reason - and those points subject them to discipline, often including termination. 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 policies frequently threaten public health and family economic security, and undermine New York state workplace rights. According to A Better Balance, which released a report detailing legal concerns with "no-fault" attendance policies in June 2020, some of the nation's largest employers maintain policies that "reliably fail to inform workers about their legal rights to take time off without punishment for certain illnesses, health conditions, or disabilities, or for the need to care for an ill loved one" under state, local, and federal civil rights laws. After surveying the policies of sixty-six U.S. employers impacting approximately eighteen million work- ers, A Better Balance found that more than 80% of those policies failed to make clear that employees would not receive points for disability-re- lated absences; many provided incomplete or misleading information to workers regarding their right to time off under the federal Family and Medical Leave Act (FMLA); and the majority of the policies indicated EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Jonathan Jacobson
2021-A8092A - Details
2021-A8092A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8092--A 2021-2022 Regular Sessions I N A S S E M B L Y June 11, 2021 ___________ Introduced by M. of A. REYES -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, the labor 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. Short title. This act shall be known and may be cited as the "Fair Attendance Policy and Practices Act". § 2. Legislative intent. It is the intent of the New York state legislature 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. § 3. Section 292 of the executive law is amended by adding a new subdivision 40 to read as follows: 40. THE TERM "ABSENCE CONTROL OR NO-FAULT ATTENDANCE POLICY" SHALL MEAN A POLICY, PATTERN, OR PRACTICE MAINTAINED BY AN EMPLOYER, LABOR ORGANIZATION, OR EMPLOYMENT AGENCY UNDER WHICH EMPLOYEES FACE CONSE- QUENCES FOR ANY ABSENCE, TARDY, OR EARLY DEPARTURE THROUGH THE ASSESS- MENT OF POINTS, ALSO REFERRED TO AS "DEMERITS OF OCCURRENCES", OR DEDUCTIONS FROM AN ALLOTTED BANK OF TIME, AND SUCH POINTS OR DEDUCTIONS SUBJECT THE EMPLOYEE TO PROGRESSIVE DISCIPLINARY ACTION WHICH MAY INCLUDE FAILURE TO RECEIVE A PROMOTION, LOSS OF PAY, OR TERMINATION. § 4. 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 AN ABSENCE CONTROL OR NO-FAULT ATTEND- ANCE POLICY, FOR ABSENCES RELATED TO AN ACCOMMODATION TO A KNOWN DISA- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03487-05-2
co-Sponsors
Jonathan Jacobson
William Colton
2021-A8092B (ACTIVE) - Details
2021-A8092B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8092--B 2021-2022 Regular Sessions I N A S S E M B L Y June 11, 2021 ___________ Introduced by M. of A. REYES, JACOBSON -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor 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. Paragraph (a) of subdivision 1 of section 215 of the labor law, as amended by chapter 564 of the laws of 2010, the closing para- graph as added by chapter 126 of the laws of 2019, is amended as follows: (a) No employer or his or her agent, or the officer or agent of any corporation, partnership, or limited liability company, or any other person, shall discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee (i) because such employee has made a complaint to his or her employer, or to the commissioner or his or her authorized representative, or to the attorney general or any other person, that the employer has engaged in conduct that the employ- ee, reasonably and in good faith, believes violates any provision of this chapter, or any order issued by the commissioner (ii) because such employer or person believes that such employee has made a complaint to his or her employer, or to the commissioner or his or her authorized representative, or to the attorney general, or to any other person that the employer has violated any provision of this chapter, or any order issued by the commissioner (iii) because such employee has caused to be instituted or is about to institute a proceeding under or related to this chapter, or (iv) because such employee has provided information to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03487-10-2
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