Bill Text: NY S06671 | 2019-2020 | General Assembly | Introduced
Bill Title: Clarifies that workers shall not be punished or subjected to discipline by employers for lawful absences.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S06671 Detail]
Download: New_York-2019-S06671-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6671 2019-2020 Regular Sessions IN SENATE August 26, 2019 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law and the workers' compensation 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: 1 Section 1. Subdivision 1 of section 296 of the executive law is 2 amended by adding a new paragraph (i) to read as follows: 3 (i) For an employer, labor organization, or employment agency to 4 assess points, occurrences, or otherwise discipline employees, includ- 5 ing, but not limited to, through a time and attendance policy, for 6 absences related to a known disability, pregnancy-related condition, or 7 otherwise protected by law, without first engaging in a good faith, 8 interactive process to consider whether an employee is entitled to a 9 reasonable accommodation. 10 § 2. Paragraph (c) of subdivision 3 of section 296 of the executive 11 law, as added by chapter 369 of the laws of 2015, is amended to read as 12 follows: 13 [(c)] (c-1) The employee must cooperate in providing medical or other 14 information that is necessary to verify the existence of the disability 15 or pregnancy-related condition, or that is necessary for consideration 16 of the accommodation. The employee has a right to have such medical 17 information kept confidential. As part of the good faith, interactive 18 process, the employer must afford the employee a reasonable opportunity 19 to provide medical or other information which may preclude the assess- 20 ment of points, occurrences, or other forms of discipline, including but 21 not limited to pursuant to a time and attendance policy. 22 § 3. Subdivision 3 of section 296 of the executive law is amended by 23 adding a new paragraph (d) to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13501-03-9S. 6671 2 1 (d)(1) Every employer shall provide all of its employees, within thir- 2 ty days of their first day of employment, a written notice containing 3 employees' rights to reasonable accommodations for known disabilities or 4 pregnancy-related conditions under this article. Such notice shall 5 specify that reasonable accommodations may include, but are not limited 6 to, job restructuring; reassignment or transfer; modified or adjusted 7 work schedules; or time off during pregnancy or for childbirth recovery. 8 (2) If any employee is not provided a notice as required by subpara- 9 graph one of this paragraph, his or her employer shall be liable for a 10 penalty of fifty dollars for each workday that the violation occurred or 11 continues to occur, but not to exceed a total of five thousand dollars, 12 together with costs and reasonable attorneys' fees. The attorney general 13 may bring any legal action necessary, including administrative action, 14 to collect such claim. Notwithstanding any other provision of law, an 15 action to recover upon a liability imposed by this subdivision must be 16 commenced within six years. 17 § 4. Section 203-a of the workers' compensation law is amended by 18 adding a new subdivision 3 to read as follows: 19 3. It shall be unlawful for any employer to retaliate by discharging, 20 firing, suspending, expelling, disciplining, including through the 21 assessment of points or occurrences, under a time and attendance policy 22 or otherwise, threatening or in any other manner discriminating against 23 an employee for exercising any right to which such employee is entitled 24 under this article or with the purpose of interfering with the exercise 25 of any right to which such employee is entitled under this chapter. 26 § 5. The workers' compensation law is amended by adding a new section 27 203-d to read as follows: 28 § 203-d. Notice of rights. 1. Every covered employer, as described in 29 section two hundred two of this article, shall provide all of its 30 employees, within thirty days of their first day of employment, a writ- 31 ten notice informing employees of their rights to disability and family 32 leave under section two hundred four of this article, their right not to 33 be retaliated against for exercising such rights under section two 34 hundred three-a of this article, and their right to reinstatement 35 following the use of family leave under section two hundred three-b of 36 this article. 37 2. If any employee is not provided a notice as required by subdivision 38 one of this section, his or her employer shall be liable for a penalty 39 of fifty dollars for each workday that the violation occurred or contin- 40 ues to occur, but not to exceed a total of five thousand dollars, 41 together with costs and reasonable attorneys' fees. The attorney general 42 may bring any legal action necessary, including administrative action, 43 to collect such claim. 44 3. Notwithstanding any other provision of law, an action to recover 45 upon a liability imposed by this section must be commenced within six 46 years. 47 § 6. This act shall take effect on the ninetieth day after it shall 48 have become a law. Effective immediately, the addition, amendment and/or 49 repeal of any rule or regulation necessary for the implementation of 50 this act on its effective date are authorized to be made and completed 51 on or before such date.
