The New York State Senate

 
                     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.

                                                            LBD03487-02-1

 A. 8092                             2
 
 that workers will incur points when they  miss  work  because  they  are
 sick.    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,  caregiv-
 ing, and religious needs without penalty.
   §  2.  Section  292  of  the  executive law is amended by adding a new
 subdivision 39 to read as follows:
   39. THE TERM "ABSENCE CONTROL OR  NO-FAULT  ATTENDANCE  POLICY"  SHALL
 MEAN  A  POLICY  MAINTAINED  BY  AN  EMPLOYER  UNDER WHICH EMPLOYEES ARE
 ASSESSED "POINTS," INCLUDING BUT NOT  LIMITED  TO,  DEMERITS  OR  OCCUR-
 RENCES, FOR EACH ABSENCE, REGARDLESS OF THE REASON FOR SUCH ABSENCE, AND
 THOSE  POINTS  SUBJECT  THE EMPLOYEE TO PROGRESSIVE DISCIPLINARY ACTION,
 INCLUDING, BUT NOT LIMITED TO, FAILURE TO RECEIVE A PROMOTION,  LOSS  OF
 PAY, OR TERMINATION.
   §  3.  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 A KNOWN DISABILITY, PREGNANCY-RE-
 LATED 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.
   § 4. Subdivision 1 of section 296 of the executive law is  amended  by
 adding a new paragraph (j) to read as follows:
   (J)(I)  FOR  AN  EMPLOYER, LABOR ORGANIZATION, OR EMPLOYMENT AGENCY TO
 MAINTAIN AN ABSENCE CONTROL OR NO-FAULT  ATTENDANCE  POLICY,  UNLESS  IT
 COMPLIES WITH THE FOLLOWING:
   (A)  THE POLICY SHALL BE DISTRIBUTED IN WRITING TO ALL CURRENT EMPLOY-
 EES WITHIN THIRTY DAYS OF WHEN THIS LAW BECOMES  EFFECTIVE.  THEREAFTER,
 THE  POLICY SHALL BE DISTRIBUTED IN WRITING TO ALL EMPLOYEES AT THE TIME
 OF HIRE AND WITHIN FIVE DAYS OF WHEN ANY CHANGES TO THE POLICY ARE MADE;
   (B) EMPLOYEES MUST HAVE A MEANS OF ACCESSING THE POLICY BOTH AT  THEIR
 PHYSICAL WORKPLACE AND OUTSIDE OF IT;
   (C)  THE  POLICY MUST MAKE CLEAR THAT EMPLOYEES WILL NOT FACE NEGATIVE
 CONSEQUENCES, SUCH AS BE ASSESSED WITH POINTS OR OCCURRENCES, OR  OTHER-
 WISE FACE DISCIPLINARY ACTION, FOR ABSENCES THAT ARE PROTECTED BY LAW;
   (D)  THE  POLICY  MUST SPECIFICALLY REFERENCE AND PROVIDE A REASONABLE
 AMOUNT OF DETAIL ABOUT ALL LAWS THAT PROVIDE LEGAL PROTECTIONS FOR  TIME
 OFF  AND LEGALLY PROTECTED REASONS FOR LEAVE, INCLUDING, BUT NOT LIMITED
 TO, (I) THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C.  §  12101
 ET  SEQ.,  AS AMENDED; (II) THE FAMILY AND MEDICAL LEAVE ACT OF 1993, 29
 U.S.C. § 2601 ET SEQ.; (III)  THE  NEW  YORK  STATE  HUMAN  RIGHTS  LAW,
 SECTION  290  ET SEQ. OF THE EXECUTIVE LAW; (IV) THE NEW YORK STATE PAID
 FAMILY LEAVE ACT, N.Y. WORKERS' COMP. LAW, § 200 ET SEQ.;  AND  (V)  THE
 NEW YORK STATE PAID SICK LEAVE LAW, N.Y. LAB. LAW § 196-B ET SEQ.
   (E) THE POLICY SHALL IDENTIFY A PROCESS FOR EMPLOYEES TO COMPLETE EACH
 OF THE FOLLOWING:
   (1)  REPORT  THAT  AN  ABSENCE  IS  FOR A LEGALLY PROTECTED REASON FOR
 LEAVE;
   (2) PROVIDE MEDICAL DOCUMENTATION;
   (3) SEEK REMOVAL OF POINTS OR OCCURRENCES THAT  AN  EMPLOYEE  BELIEVES
 WERE WRONGLY ASSESSED; AND
   (4)  PERMIT DELAYED REPORTING OF AN ABSENCE IN UNFORESEEN AND/OR EMER-
 GENCY CIRCUMSTANCES WITHOUT INCURRING ADDITIONAL POINTS OR DISCIPLINE.

 A. 8092                             3
 
   (II) THE DIVISION OF  HUMAN  RIGHTS  SHALL  DEVELOP  A  MODEL  ABSENCE
 CONTROL  POLICY  THAT  CONFORMS TO THE REQUIREMENTS OF THIS SUBDIVISION.
 THE DIVISION SHALL MAKE SUCH MODEL POLICY AVAILABLE ON  ITS  WEBSITE  IN
 ENGLISH  AND  SPANISH  AND  ANY OTHER LANGUAGE DEEMED APPROPRIATE BY THE
 DIVISION.
   (III)  IF  ANY  EMPLOYER  IS  FOUND  TO MAINTAIN AN ABSENCE CONTROL OR
 NO-FAULT ATTENDANCE POLICY THAT IS NOT COMPLIANT WITH  THE  REQUIREMENTS
 OF THIS SUBDIVISION, THE EMPLOYER SHALL BE LIABLE FOR A PENALTY OF FIFTY
 DOLLARS  FOR  EACH  WORK DAY THAT THE VIOLATIONS OCCURRED OR CONTINUE TO
 OCCUR, BUT NOT TO EXCEED A TOTAL OF FIVE THOUSAND DOLLARS. THE  ATTORNEY
 GENERAL  MAY  BRING ANY LEGAL ACTION NECESSARY, INCLUDING ADMINISTRATIVE
 ACTION, TO COLLECT SUCH CLAIM. FOR THE PURPOSE OF  ASSESSING  COMPLIANCE
 WITH  THE PROVISIONS OF THIS SUBDIVISION, THE ATTORNEY GENERAL OR DESIG-
 NEE, OR, IF THE EMPLOYER IS THE STATE, THE DIVISION OF HUMAN  RIGHTS  OR
 DESIGNEE,  MAY,  WITH FORTY-EIGHT HOURS' NOTICE, AT REASONABLE TIMES AND
 WITHOUT UNDULY DISRUPTING BUSINESS  OPERATIONS  ENTER  AND  INSPECT  ANY
 PLACE  OF  BUSINESS OR EMPLOYMENT, QUESTION ANY PERSON WHO IS AUTHORIZED
 BY THE EMPLOYER TO RECEIVE OR INVESTIGATE  COMPLAINTS  ABOUT  ATTENDANCE
 ISSUES,  AND  EXAMINE  AN  EMPLOYER'S RECORDS, POLICIES, PROCEDURES, AND
 TRAINING MATERIALS RELATED TO THE  REQUIREMENTS  OF  THIS  SECTION.  THE
 ATTORNEY  GENERAL  SHALL  ADOPT  RULES  AS  NECESSARY  TO  IMPLEMENT THE
 PROVISIONS OF THIS SUBDIVISION.
   § 5. 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 AN ABSENCE CONTROL OR NO-FAULT ATTENDANCE
 POLICY.
   § 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.

 
                     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

 A. 8092--A                          2
 
 BILITY, PREGNANCY-RELATED CONDITION, OR OTHERWISE PROTECTED  BY  SECTION
 TWO  HUNDRED  NINETY  OF  THIS ARTICLE. NOTHING IN THIS SECTION SHALL BE
 DETERMINED TO DIMINISH  THE  RIGHTS,  PRIVILEGES,  OR  REMEDIES  OF  ANY
 EMPLOYEE UNDER ANY OTHER LAW OR REGULATION.
   § 5. The labor law is amended by adding a new section 202-n to read as
 follows:
   §  202-N.  PROTECTION  OF  LEGAL  ABSENCES.  1.  THE  TERM "ABSENCE 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 CONSEQUENCES FOR ANY ABSENCE, TARDY, OR EARLY
 DEPARTURE THROUGH THE ASSESSMENT OF POINTS, ALSO REFERRED TO AS  "DEMER-
 ITS  OF  OCCURRENCES",  OR DEDUCTIONS FROM AN ALLOTTED BANK OF TIME, AND
 SUCH POINTS OR DEDUCTIONS SUBJECT THE EMPLOYEE TO PROGRESSIVE  DISCIPLI-
 NARY  ACTION  WHICH  MAY INCLUDE FAILURE TO RECEIVE A PROMOTION, LOSS OF
 PAY, OR TERMINATION.
   2. AN EMPLOYER, LABOR ORGANIZATION, OR  EMPLOYMENT  AGENCY  SHALL  NOT
 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  PROTECTED  BY THE NEW YORK STATE PAID SICK
 LEAVE LAW PURSUANT TO SECTION ONE HUNDRED NINETY-SIX-B OF THIS  CHAPTER,
 THE  NEW  YORK  STATE MILITARY SPOUSAL LEAVE LAW PURSUANT TO SECTION TWO
 HUNDRED TWO-I OF THIS ARTICLE, OR OTHERWISE PROTECTED BY  ARTICLE  THIR-
 TY-ONE  OF  THIS  CHAPTER.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO
 DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE  UNDER  ANY
 OTHER LAW OR REGULATION.
   § 6. The labor law is amended by adding a new section 202-o to read as
 follows:
   §  202-O.  PROTECTION  OF  LEGAL ABSENCES; POLICY REQUIREMENTS. 1. FOR
 PURPOSES OF THIS SECTION, "ABSENCE OR NO-FAULT ATTENDANCE POLICY"  SHALL
 HAVE  THE  SAME  MEANING  AS  DEFINED  IN SUBDIVISION ONE OF SECTION TWO
 HUNDRED TWO-N OF THIS ARTICLE.
   2. AN EMPLOYER, LABOR ORGANIZATION, OR  EMPLOYMENT  AGENCY  SHALL  NOT
 MAINTAIN  AN  ABSENCE  CONTROL  OR NO-FAULT ATTENDANCE POLICY, UNLESS IT
 COMPLIES WITH THE FOLLOWING:
   (A) THE POLICY SHALL BE DISTRIBUTED IN WRITING TO ALL CURRENT  EMPLOY-
 EES WITHIN THIRTY DAYS OF WHEN THIS SECTION BECOMES EFFECTIVE. THEREAFT-
 ER,  THE  POLICY SHALL BE DISTRIBUTED IN WRITING TO ALL EMPLOYEES AT THE
 TIME OF HIRE AND WITHIN FIVE DAYS OF WHEN ANY CHANGES TO THE POLICY  ARE
 MADE;
   (B)  EMPLOYEES MUST HAVE A MEANS OF ACCESSING THE POLICY BOTH AT THEIR
 PHYSICAL WORKPLACE AND OUTSIDE OF SUCH WORKPLACE;
   (C) THE POLICY MUST MAKE CLEAR THAT EMPLOYEES WILL NOT  FACE  NEGATIVE
 CONSEQUENCES,  SUCH AS BE ASSESSED WITH POINTS OR OCCURRENCES, OR OTHER-
 WISE FACE DISCIPLINARY ACTION, FOR ABSENCES THAT ARE PROTECTED BY LAW;
   (D) THE POLICY MUST SPECIFICALLY REFERENCE AND  PROVIDE  A  REASONABLE
 AMOUNT  OF DETAIL ABOUT ALL LAWS THAT PROVIDE LEGAL PROTECTIONS FOR TIME
 OFF AND LEGALLY PROTECTED REASONS FOR LEAVE, INCLUDING, BUT NOT  LIMITED
 TO,  (I)  THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. § 12101
 ET SEQ., AS AMENDED; (II) THE FAMILY AND MEDICAL LEAVE ACT OF  1993,  29
 U.S.C.  §  2601  ET  SEQ.;  (III)  THE  NEW YORK STATE HUMAN RIGHTS LAW,
 SECTION 290 ET SEQ. OF THE EXECUTIVE LAW; (IV) THE NEW YORK  STATE  PAID
 FAMILY  LEAVE  ACT,  N.Y. WORKERS' COMP. LAW, § 200 ET SEQ.; AND (V) THE
 NEW YORK STATE PAID SICK LEAVE LAW, N.Y. LAB. LAW, § 196-B ET SEQ.
   (E) THE POLICY SHALL IDENTIFY A PROCESS FOR EMPLOYEES TO COMPLETE EACH
 OF THE FOLLOWING:
 A. 8092--A                          3
 
   (I) REPORT THAT AN ABSENCE IS  FOR  A  LEGALLY  PROTECTED  REASON  FOR
 LEAVE;
   (II) PROVIDE MEDICAL DOCUMENTATION;
   (III)  SEEK REMOVAL OF POINTS OR OCCURRENCES THAT AN EMPLOYEE BELIEVES
 WERE WRONGLY ASSESSED; AND
   (IV) PERMIT DELAYED REPORTING OF AN ABSENCE IN UNFORESEEN AND/OR EMER-
 GENCY CIRCUMSTANCES WITHOUT INCURRING ADDITIONAL POINTS OR DISCIPLINE.
   3. FOR EMPLOYERS WHO CHOOSE TO MAINTAIN AN ABSENCE CONTROL POLICY, THE
 DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF HUMAN RIGHTS  AND  THE
 WORKERS' COMPENSATION BOARD, SHALL DEVELOP A MODEL ABSENCE CONTROL POLI-
 CY  THAT  CONFORMS  TO  THE REQUIREMENTS OF THIS SECTION. THE DEPARTMENT
 SHALL MAKE SUCH MODEL POLICY AVAILABLE ON ITS  WEBSITE  IN  ENGLISH  AND
 SPANISH AND ANY OTHER LANGUAGE DEEMED APPROPRIATE BY THE DEPARTMENT.
   4. IF ANY EMPLOYER IS FOUND TO MAINTAIN AN ABSENCE CONTROL OR NO-FAULT
 ATTENDANCE  POLICY  THAT  IS NOT COMPLIANT WITH THE REQUIREMENTS OF THIS
 SECTION, THE EMPLOYER SHALL BE LIABLE FOR A PENALTY OF FIFTY DOLLARS FOR
 EACH WORK DAY THAT THE VIOLATIONS OCCURRED OR CONTINUE TO OCCUR, BUT NOT
 TO EXCEED A TOTAL OF FIVE THOUSAND DOLLARS.  THE  ATTORNEY  GENERAL  MAY
 BRING  ANY  LEGAL  ACTION NECESSARY, INCLUDING ADMINISTRATIVE ACTION, TO
 COLLECT SUCH CLAIM. FOR THE PURPOSE OF  ASSESSING  COMPLIANCE  WITH  THE
 PROVISIONS OF THIS SECTION, THE ATTORNEY GENERAL OR DESIGNEE, OR, IF THE
 EMPLOYER  IS  THE  STATE, THE DIVISION OF HUMAN RIGHTS OR DESIGNEE, MAY,
 WITH FORTY-EIGHT HOURS' NOTICE, AT REASONABLE TIMES AND  WITHOUT  UNDULY
 DISRUPTING  BUSINESS  OPERATIONS ENTER AND INSPECT ANY PLACE OF BUSINESS
 OR EMPLOYMENT, QUESTION ANY PERSON WHO IS AUTHORIZED BY THE EMPLOYER  TO
 RECEIVE  OR  INVESTIGATE COMPLAINTS ABOUT ATTENDANCE ISSUES, AND EXAMINE
 AN EMPLOYER'S RECORDS,  POLICIES,  PROCEDURES,  AND  TRAINING  MATERIALS
 RELATED  TO  THE  REQUIREMENTS OF THIS SECTION. THE ATTORNEY GENERAL, IN
 COLLABORATION WITH THE DEPARTMENT, THE  DIVISION  OF  HUMAN  RIGHTS  AND
 WORKERS' COMPENSATION BOARD, SHALL ADOPT RULES AS NECESSARY TO IMPLEMENT
 THE  PROVISIONS  OF THIS SECTION, INCLUDING A MEANS BY WHICH INDIVIDUALS
 CAN REPORT POLICIES, PATTERNS OR PRACTICES THAT ARE  NOT  IN  COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   5.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
 PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY  OTHER  LAW  OR  REGU-
 LATION.
   § 7. Section 201 of the workers' compensation law is amended by adding
 a new subdivision 25 to read as follows:
   25.  "ABSENCE  CONTROL  OR NO-FAULT ATTENDANCE POLICY" MEANS A POLICY,
 PATTERN, OR PRACTICE MAINTAINED BY AN EMPLOYER, LABOR  ORGANIZATION,  OR
 EMPLOYMENT  AGENCY  UNDER  WHICH  EMPLOYEES  FACE  CONSEQUENCES  FOR ANY
 ABSENCE, TARDY, OR EARLY DEPARTURE THROUGH  THE  ASSESSMENT  OF  POINTS,
 ALSO  REFERRED  TO  AS  "DEMERITS OF OCCURRENCES", OR DEDUCTIONS FROM AN
 ALLOTTED BANK OF TIME, AND SUCH POINTS OR DEDUCTIONS SUBJECT THE EMPLOY-
 EE TO PROGRESSIVE DISCIPLINARY  ACTION  WHICH  MAY  INCLUDE  FAILURE  TO
 RECEIVE A PROMOTION, LOSS OF PAY, OR TERMINATION.
   §  8. The workers' compensation law is amended by adding a new section
 203-d to read as follows:
   § 203-D. PROTECTION FOR LEGAL ABSENCES. 1. AN EMPLOYER,  LABOR  ORGAN-
 IZATION,  OR  EMPLOYMENT AGENCY SHALL NOT ASSESS POINTS, OCCURRENCES, OR
 OTHERWISE DISCIPLINE EMPLOYEES, INCLUDING, BUT NOT LIMITED  TO,  THROUGH
 AN ABSENCE CONTROL OR NO-FAULT ATTENDANCE POLICY, FOR ABSENCES PROTECTED
 BY  THE  NEW  YORK STATE PAID FAMILY LEAVE ACT OR OTHERWISE PROTECTED BY
 THIS CHAPTER.
   2. THE PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER  SHALL
 BE APPLICABLE TO THIS SECTION.
 A. 8092--A                          4
 
   3.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
 PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY  OTHER  LAW  OR  REGU-
 LATION.
   §  9.  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 AN ABSENCE  CONTROL  OR  NO-FAULT  ATTENDANCE
 POLICY.
   §  10. Severability clause. If any clause, sentence, paragraph, subdi-
 vision, section or part of this act shall be adjudged by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  11.  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.