New York State No-Fault Attendance Policies and Workplace Protections

As of February 19th, 2023, Governor Hochul signed a Bill into law that expanded retaliatory workplace protections for employees, regarding certain time-off and leave requests. Here is what New York employers need to know.

New York No-Fault and Point-Based Attendance Policy Laws

The new, New York Labor Law prohibits an employer from punishing or disciplining an employee who takes time off work for any “lawful absence” that is protected by federal, state, or local law.

What Is a No-Fault Attendance Policy?

No-Fault Attendance Policies or other point-based attendance policies are, as you may have guessed, attendance policies that use a point or similar system to assess disciplinary action for things such as tardies, absences, and similar issues. Employees are typically terminated after accruing a certain amount of points. 

What Is the New York Attendance Law?

Under New York No-Fault Attendance Policy Law (Senate Bill S1958A), employers that utilize point-based attendance policies or no-fault policies are prohibited from assessing "attendance points" when employees take time off from work for any protected “lawful absence.” 

Some of these lawful absences in New York would include: 

  • New York Sick Leave
  • New York City Sick Leave
  • Westchester County Sick Leave
  • Westchester County Safe Leave
  • New York Paid Family Leave (PFL)
  • Jury Duty Leave
  • Military Leave
  • Voting Leave

What Should New York Employers Do?

Employers that utilize point-based attendance policies/no-fault policies that take any and all absences into account should review existing attendance policies and procedures to ensure compliance with the new requirements. Any policy that does not meet the requirements set forth by the new law will be considered retaliatory against an employee.

For help with New York Attendance Policy Law, or other areas of New York Labor Law compliance, contact us today, or check out our New York HR Services.

If you'd like to learn more about the New York State and New York City minimum wage for 2023, you can click here.

Businesses also may want to inquire about our New York Employee Handbook Services.

New York HR Services