senate Bill S1958

2021-2022 Legislative Session

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

download bill text pdf

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Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 08, 2022 referred to governmental operations
delivered to assembly
passed senate
Feb 03, 2022 advanced to third reading
Feb 02, 2022 2nd report cal.
Feb 01, 2022 1st report cal.384
Jan 05, 2022 referred to investigations and government operations
returned to senate
died in assembly
May 12, 2021 referred to governmental operations
delivered to assembly
passed senate
Mar 03, 2021 advanced to third reading
Mar 02, 2021 2nd report cal.
Mar 01, 2021 1st report cal.468
Jan 16, 2021 referred to investigations and government operations

Votes

view votes

Feb 1, 2022 - Investigations and Government Operations committee Vote

S1958
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Feb 1, 2022

Mar 1, 2021 - Investigations and Government Operations committee Vote

S1958
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Mar 1, 2021

aye wr (2)

S1958 (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §§292 & 296, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S6671

S1958 (ACTIVE) - Summary

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

S1958 (ACTIVE) - Sponsor Memo

S1958 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1958
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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