Tag: FMLA

Employee Leave in New York Cover Slide.pdf

Employee Leave in New York (Webinar Recap)

On October 17, 2024, I presented a complimentary webinar entitled “Employee Leave in New York”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • FMLA and Paid Family Leave
  • Workers’ Compensation & Disability
  • Leave as a Reasonable Accommodation
  • Leave Management Best Practices

and much more!

New York employers have numerous laws to follow regarding employee leave. From the federal FMLA and ADA to the state’s paid sick leave and paid family leave laws, the list is long and complicated. We break down the key elements of these leave statutes and what employers should be paying the most attention to for compliance purposes.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “Employee Leave in New York”

Do you know how FMLA and PFL interact? Ever needed to fire someone who was out on medical leave?

Anyone with responsibilities for managing employee leave in New York should watch this webinar. The complexities of managing leave have only increased with recent changes to laws like New York’s Paid Family Leave, updated sick/safe leave requirements, and prenatal leave. Plus, everyone can use a refresher on the complex FMLA. Understanding how to navigate these overlapping rules is critical to ensuring compliance and avoiding costly legal pitfalls.

Whether you’re new to these issues or looking for an update on the latest changes, this session will provide clear, practical guidance to help you manage leave policies effectively. So, don’t miss this opportunity to ensure your organization stays compliant with New York’s ever-evolving employee leave laws.

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2023 New York Paid Family Leave Update

2023 New York Paid Family Leave Update (Webinar Recap)

On January 26, 2023, I presented a complimentary webinar entitled “2023 New York Paid Family Leave Update”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • Employer & Employee Coverage
  • Contributions & Benefit Rates
  • Qualifying Circumstances
  • Program Updates & Amendments
  • Interaction with Other Leaves

and much more!

The New York Paid Family Leave Program took effect January 1, 2018. Five years later, PFL continues to evolve each year, For example, employee contributions and benefit rates change annually. There have also been statutory amendments to the law since it launched. This webinar recaps the fundamental aspects of PFL, identifies the key updates, and discusses compliance issues and strategies.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “2023 New York Paid Family Leave Update”

Virtually all private employers with at least one employee in New York State must be familiar with New York’s Paid Family Leave Program. Especially post-pandemic, this includes out-of-state employers with employees working remotely in the State of New York.

From describing the necessary insurance coverage and related administrative issues to contemplating the interaction between PFL, the FMLA, and other forms of employee leave, this webinar provides a broad overview of the New York Paid Family Leave program in 2023.

Whether you don’t know whether your company has all its bases covered or are looking for nuanced guidance on applying PFL in your workplace, this webinar will help further orient you. Materials include statistical charts on how the costs and benefits of PFL have changed over the past five years and other information that will help you answer questions from other members of management and employees alike.

Don’t Miss Our Future Webinars!

Click here to sign up for the Horton Law email newsletter to be among the first to know when registration is open for upcoming programs! And follow us on LinkedIn for even more frequent updates on important employment law issues.

Lawful Absences

New York Expressly Forbids Retaliation for Lawful Absences from Work

On November 21, 2022, Governor Hochul signed an amendment to the New York Labor Law to enhance employee protections against retaliation. The amendment adds an express prohibition of retaliation for any lawful absences from work. The amendment takes effect on February 19, 2023.

New York Labor Law Section 215

Section 215 of the New York Labor Law generally prohibits private (non-governmental) employers from discriminating against employees for engaging in a wide array of protected activities. Before this amendment, these protected activities included:

  • Making a complaint that the employee’s employer has engaged in conduct that the employee reasonably and in good faith believes violates any provision of the Labor Law or order of the Commissioner of Labor;
  • Being perceived by the employer as having made such a complaint;
  • Instituting a proceeding under or related to the Labor Law;
  • Providing information to the Department of Labor or the Attorney General;
  • Testifying in an investigation or proceeding under the Labor Law;
  • Exercising other rights protected by the Labor Law;
  • Being the subject of an adverse determination from the Commissioner of Labor against one’s employer.

Employees may file retaliation claims in court or with the Commissioner of Labor. Penalties can include repayment of lost wages; liquidated damages; and civil penalties of $1,000 to $10,000 for the first offense and up to $20,000 for the second offense. Violation of Section 215 also constitutes a class B misdemeanor.

Amendment Addressing Lawful Absences

The amendment expands the definition of protected activity to prohibit retaliation because an “employee has used any legally protected absence pursuant to federal local, or state law.”

Unfortunately, this new language is vague. If read broadly, as the Legislature likely intended, it will encompass numerous paid and unpaid leave laws, including:

  • New York Paid Sick Leave
  • New York Paid Family Leave
  • New York Paid COVID-19 Leave
  • New York Paid Vaccine Leave
  • Family and Medical Leave
  • Other specific New York Leaves, such as:
    • Blood Donation Leave
    • Bone Marrow Donation Leave
    • Military Spouse Leave
    • Witness and Victims of Crime Leave
    • Volunteer Emergency Response Leave
    • Jury Leave
    • Voting Leave

Employees are also often allowed time off while receiving workers’ compensation or disability benefits or as an accommodation under the Americans with Disabilities Act and New York Human Rights Law. None of these legal authorities specifically grants employees time off from work. However, it is plausible that Labor Law Section 215 will be interpreted to include leaves under these circumstances.

No-Fault Attendance Policies

Many employers apply attendance policies that allocate points on an employee’s record for each absence. Commonly, these policies apply regardless of the purpose or reason for the absence. Such policies are known as “no-fault” attendance policies. Whether the reason for the absence matters or not, point-based policies result in pre-specified employment consequences when employees reach certain levels.

The amendment to Labor Law Section 215 adds a specific prohibition against “assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action, which may include but not be limited to failure to receive a promotion or loss of pay.”

Practical Impact

It is arguable whether this amendment really expands worker protections. Generally speaking, various laws would likely already prohibit adverse employment action against employees for taking lawful absences from work. Section 215 itself probably already would have applied in many such situations.

But the Legislature at least intends to shed light on the subject and potentially increase available penalties. Accordingly, New York employers should review existing policies and practices regarding their handling of lawful absences by employees. Moreover, managers must understand the types of absences that may be protected under applicable laws.

 

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