Foley & Lardner LLP Senior Counsel Scott Allen is quoted in the SHRM article, “New York Law Bans Penalties for Protected Absences,” discussing the recent passage of a law that prohibits employers from penalizing workers for taking legally protected leave.
Allen said, “It is unique legislation that we haven’t seen in other states. I wouldn’t say it’s a drastic change.”
Allen explained that employers can still have a policy that uses points to track attendance, but absences that are legally protected can’t be included. “The reason for each absence has to be considered,” he added, so that protected leaves do not count against the employee.