senate Bill S1958

Signed By Governor
2021-2022 Legislative Session

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

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Archive: Last Bill Status Via A8092 - Signed by Governor


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

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Actions

view actions (27)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2022 signed chap.604
delivered to governor
May 31, 2022 returned to assembly
passed senate
3rd reading cal.384
substituted for s1958a
May 31, 2022 substituted by a8092b
May 23, 2022 amended on third reading (t) 1958a
May 23, 2022 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
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 - Details

Law Section:
Executive Law
Laws Affected:
Amd §215, Lab L

S1958 - Summary

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

S1958 - Sponsor Memo

S1958 - 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.

S1958A (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §215, Lab L

S1958A (ACTIVE) - Summary

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

S1958A (ACTIVE) - Sponsor Memo

S1958A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1958--A
     Cal. No. 384
 
                        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 -- recommitted to the Committee on Investigations  and
   Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered to a third reading, passed by Senate and delivered to
   the Assembly, recalled, vote reconsidered, restored to third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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