NYSUT'S GUIDE TO

Women's Rights
IN THE WORKPLACE

Frequently Asked Questions

about Your Rights in the Workplace
 Introduction
The goal of this guidance is to provide our members and their advocates with an
overview of some of the federal and New York state laws that protect them in the
workplace. This guidance applies to all women in the workplace and any person who
identifies as female or expresses their gender as female. The law in New York state
protects all people whose gender and self-image do, or do not, fully accord with the
legal sex assigned to them at birth.
Women now make up a larger share of educators than they have in past decades.
Federal employment laws alone often fall short of providing the support that our
members need in the workplace to feel safe, equal and included so they can focus
on educating students and caring for their own families. Compared to other states
around the country, New York state is a leader when it comes to employment rights
and enacting progressive legislation that protects employees in the workplace. As a
member of a union, your collective bargaining agreement may also afford enhanced
workplace protections.
This guidance highlights some of your legal protections in the workplace. You should
also consult your collective bargaining agreement and employer policies for additional
rights and benefits.

Visit nysut.org/women to access the online resources cited in this booklet.

DISCLAIMER: This document is for general information purposes only. Nothing in this presentation or
in this document should be taken as legal advice for any individual case or situation. This information
is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
 Sex Discrimination in the Workplace
Federal and New York state law prohibit discrimination in your workplace on the basis of your sex, gender,
gender identity, gender expression or sexual orientation. Sex discrimination occurs when you are treated
differently because your employer has used your gender, or perceived gender, in a way
that adversely impacts you in the workplace.

Frequently Asked Questions:

n Is there a difference between sex and gender under the law?

While many people use the terms “sex” and “gender” interchangeably, they actually
have different meanings. Sex is usually determined by the reproductive or sexual anatomy
of an individual at birth, whereas gender is a social construction and has to do with the
roles and behaviors that society teaches people depending on their sex and how people
choose to express their identity. All discrimination against an individual based on their sex,
sexual orientation or gender identity, including transgender status or gender expression,
are forms of sex discrimination. Sexual harassment is also a form of sex discrimination.
n Are there different kinds of sex discrimination?
Sex discrimination in the workplace can take several forms, but generally claims fall
into one of two categories: “disparate treatment” claims or “disparate impact” claims.
Disparate treatment discrimination occurs when an employer intentionally treats an
employee or job applicant unfavorably due to their sex, sexual orientation, gender
identity, transgender status or gender expression. This could occur if an employer outright fires an employee
because she is a woman. However, disparate treatment against women can also be less obvious, such as when
an employer maintains height and weight requirements for a job because it purposely wants to screen-out
female applicants (who are likely to be smaller in stature).
Disparate impact discrimination is indirect discrimination and may even be unintentional. It arises when
an employer’s neutral action, policy or practice disproportionately and negatively impacts a certain class of
protected people. This could happen if an employer requires strength testing as a condition of employment
which has a negative impact on female workers seeking jobs. Sex discrimination can also be found in claims
of sexual harassment and pay disparity in the workplace.
n What are some examples of sex discrimination in the workplace?
Think of all the decisions that are made in the workplace related to hiring, firing, layoffs, transfers,
assignments, promotions, salary, benefits, bonuses, performance evaluations, training and advancement
opportunities. Employers cannot use your gender, or perceived gender, as a basis to discriminate against
you in any of these decisions.
Examples of sex discrimination include:
l Denying a woman a promotion because she is unmarried or married
l D
 enying a woman a promotion because she is a single mother or has no children, but is of
childbearing age and may need a childcare leave in the future
l F
 iring a woman upon discovering that she is married to another woman because of a belief that marriage
is between a “man and a woman”
l F
 orcing a woman to take a childcare leave early, or at all, due to the belief that she should not be working
l D
 isciplining a woman for refusing to adhere to a grooming policy that requires her to dress
in a "feminine" manner
l Requiring an employee to appear at work as the gender they were assigned at birth
l Refusing to allow an employee who identifies as female to use the ladies’ restroom
l Firing an employee for announcing her plans to transition
l Paying male and female employees differently for the same job

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 n What is the new statewide pay transparency law?
On Dec. 21, 2022, New York Gov. Kathy Hochul signed legislation (S.9427-A/A.10477) requiring private
employers with four or more workers to list minimum and maximum annual salary and hourly wage ranges in
job postings. The law is part of a broader push toward pay transparency to make it less likely that women and
workers of color will be underpaid relative to white male coworkers holding similar positions. The law took
effect on Sept. 17, 2023.
n Can my employer fire me based on my sexual orientation or gender identity?
No. New York state’s Sexual Orientation Non-Discrimination Act (“SONDA”) and Gender Expression
Non-Discrimination Act (“GENDA”) protect individuals from workplace discrimination on the basis of their
actual or perceived sexual orientation, as well as transgender and other gender non-conforming individuals.
SONDA went into effect in January 2003. In January 2019, GENDA explicitly added gender identity and ex-
pression as a protected class under the New York State Human Rights Law. Local laws, such as New York City’s
Human Rights Law (NYCHRL), can provide similar protections. Its transgender rights bill was passed in 2002 to
afford protection to those whose gender does not align with their sex assigned at birth; in 2018, the NYCHRL’s
definitions of gender and sexual orientation were updated and expanded.
n Are employees protected from discrimination (or harassment) under DASA or the CROWN Act?
No. The Dignity for All Students Act (“DASA”), which was amended by the Creating a Respectful and Open
World for Natural Hair (“CROWN”) Act, protect students from discrimination and harassment (including bullying,
taunting or intimidation) while at school. However, in February 2019, the New York City Commission on Human
Rights issued Legal Enforcement Guidance which protects employees, including those working in a school
setting, from discrimination and harassment based on their hair texture and protected hair styles. However,
you should review your employer’s DASA policies to see if they have been expanded to cover employees.
n What laws protect me from sex discrimination?
On the federal level, protections from sex discrimination are found in Title VII of the Civil Rights Act of
1964, Title IX of the Education Amendments of 1972, Section 1983 of the Civil Rights Act,
the Equal Pay Act of 1963, and the Fair Labor Standards Act.
On the state level, protections are found in the New York State Human Rights Law (Article 15 of the
Executive Law) and other state laws such as SONDA, GENDA and the pay transparency law mentioned above.
There are also local laws such as the New York City Human Rights Law, as well as collective bargaining
agreements and employer policies.
n What do I do if I have been discriminated against?
First, seek help from your union to file a complaint with your employer’s human resources department and/
or Title IX officer. If your employer is your harasser, or you do not trust how your employer will react, you have
the right in New York state to file a complaint with the New York State Division of Human Rights and/or the
U.S. Equal Employment Opportunity Commission.
A complaint must be filed with the New York Division of Human Rights within one year of your discrimination
OR you can file a lawsuit directly in New York state court within three years of the most recent discriminatory
act. A complaint must be filed with the U.S. Equal Employment Opportunity Commission within 180 days.

To file a complaint of sex discrimination with the NYS Division of Human Rights:
l Online at dhr.ny.gov/complaint
l Call 888-392-3644
l Visit a regional office and file in-person dhr.ny.gov/contact-us
 o file a complaint of sex discrimination with the U.S. Equal Employment Opportunity Commission:
T
l Online at eeoc.gov/youth/how-file-complaint
l Call 800-669-4000
l Visit a regional office and file in-person eeoc.gov/field-office

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Helpful Resources

To learn more about your rights under New York state law:
l dhr.ny.gov/new-workplace-discrimination-and-harassment-protections
l dhr.ny.gov/anti-discriminationharassment-guidance
l dhr.ny.gov/lgbtq
l n ysed.gov/common/nysed/files/programs/student-support-services/understanding-crown-act.pdf
l g overnor.ny.gov/news/governor-hochul-signs-legislation-establishing-statewide-pay-transparency-law
To learn more about your rights under Title VII of the Civil Rights Act of 1964:
l eeoc.gov/laws/guidance/sex-discrimination
l eeoc.gov/sex-based-discrimination
l eeoc.gov/youth/sex-discrimination-faqs
l eeoc.gov/sexual-orientation-and-gender-identity-sogi-discrimination

Sexual Harassment in the Workplace

All women have a right to a workplace free of sexual harassment.
Sexual harassment is a form of sex discrimination.

Frequently Asked Questions

n What is sexual harassment?

Sexual harassment involves unwelcome verbal, visual and/or physical sexual
conduct. Sexual harassment does not necessarily have to be about sexual desire — it can also be about power.
n Are there different kinds of sexual harassment?
A claim of sexual harassment usually falls into one of two categories: “hostile work environment” or “quid
pro quo.” A hostile work environment can be created by unwanted words, signs, jokes, pranks, intimidation,
or physical actions directed at someone because of their sex, sexual orientation, sexual preferences, gender,
gender identity or gender expression. Quid pro quo harassment occurs when a person in a position of power
trades, or attempts to trade, job benefits for sexual favors.
n What are some examples of a hostile work environment?
A hostile work environment can involve unwanted or unnecessary physical contact, such as groping, but
such behavior is not required. Inappropriate staring or leering is sufficient to create a hostile work environment.
Statements that objectify women or amplify gender stereotypes can also be sexual harassment, as can sexually
offensive remarks or jokes, bullying, name-calling or using homophobic slurs. However, comments in the work-
place do not have to be derogatory in nature to create a hostile work environment. Complimenting a woman on
her physical appearance, if it makes her feel uncomfortable or if it intimidates or offends her, can be harassment.
Also, a woman does not have to be the intended victim of harassment to feel as though she works in a
hostile work environment. Displays of sexual material or pornography, such as in a breakroom, on a digital
message board (e.g., the company Slack or TEAMS channel), or on an email chain can contribute to a hostile
work environment.
n What is SOGI Harassment?
Sexual Orientation and Gender Identity (“SOGI”) harassment creates a hostile work environment when, for
example, offensive or derogatory remarks are made about a person’s sexual orientation, transgender status, or
gender transition. It can also occur when others refuse to use or intentionally misuse a transgender employee’s
preferred name and pronouns.
n Who can be a victim of sexual harassment?
Anyone can be a victim of sexual harassment in the workplace, regardless of sex, gender or sexual
orientation. Sexual harassment can happen to anyone, including non-employees working in the workplace
such as contractors, subcontractors, vendors, consultants, domestic workers and others providing services.

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As of Dec. 31, 2021, Chapter 830 of the Laws of New York also protects domestic workers from harassment on
all bases, including sexual harassment.
nD  o I need to show that I’ve suffered economically or lost workplace benefits or privileges to prove that
I have been the victim of harassment in the workplace?
No. An employee does not have to show that someone else was treated more favorably than her, or given
better terms of employment, to show that she was harassed. Similarly, she does not have to suffer economic
harm or professional setbacks to prove that she was injured by the harassment.
n What laws protect me from sexual harassment?
On the federal level, Title VII of the Civil Rights Act of 1964 and other federal laws such as Title IX of the
Education Amendments of 1972 protect against sexual harassment.
On the state level, the New York State Human Rights Law (Article 15 of the Executive Law) includes
protections, and Section 201-g of the New York Labor Law also requires employers to adopt and distribute
sexual harassment prevention policies and provide annual sexual harassment training on those policies.
There are also protections in local laws such as the New York City Human Rights Law and in some
collective bargaining agreements.
n What can I do if I have been sexually harassed in the workplace?
First, seek help from your union to file a complaint with your employer. Your employer is required to establish
sexual harassment policies that provide a complaint process for its employees. If your employer is your harasser,
or you do not trust how your employer will react, you have the right in New York state to file a complaint with
the New York State Division of Human Rights and/or the U.S. Equal Employment Opportunity Commission.
A complaint must be filed with the division within three years of your harassment. Once your
complaint is filed, the division will investigate it and may present the case in a public hearing.
A complaint must be filed with the U.S. Equal Employment Opportunity Commission within 180 days.
nC  an a settlement agreement that resolves my claim of sexual harassment include
confidentiality or non-disclosure clauses in it?
If you enter into an agreement to resolve claims of employment discrimination (sexual harassment is a form
of gender discrimination), that agreement can only include conditions of confidentiality if it is your preference
to include it. Also, under New York General Obligations Law 5-336, all non-disclosure agreements must permit
employees to file complaints of sexual harassment or discrimination, and cannot prevent you from speaking
to an attorney, the New York State Division of Human Rights, the U.S. Equal Employment Opportunity
Commission, your local human rights commission, or any other form of law enforcement about your claims.
This mirrors the federal Speak Out Act (S.4524), which became law in 2022 and prevents the enforcement
of non-disclosure agreements in instances of sexual assault and harassment.

To file a complaint of sexual harassment with the NYS Division of Human Rights or the U.S. Equal Employment
Opportunity Commission, please see the contact information for those agencies listed on page 2 of this guide.

TIPS if you feel that you are a victim of sexual harassment

l Rely on your union for help.
l M
 ake contemporaneous notes — write everything down at the time it happens, or as soon as practicable,
and keep personal records. Note times, dates, locations, witnesses to the harassment, and what specifically
was said and/or done to you.
l Save all communications in their original format, i.e., text messages, emails, social media posts, etc.
l If you are feeling uncomfortable, tell the person to stop. You can also ask someone else to tell them for you.
l C
 onsider filing an internal complaint, especially to your human resources department and/or Title IX officer
(if your school receives Title IX funds), unless you do not trust how your employer will react.
l Contact the NYS Division of Human Rights and/or U.S. Equal Employment Opportunity Commission

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Helpful Resources
NYS Division of Human Rights Toll-Free and Confidential Sexual Harassment Hotline
l 1-800-HARASS-3
l https://dhr.ny.gov/sexual-harassment-hotline
To learn more about your rights under New York law:
l www.ny.gov/programs/combating-sexual-harassment-workplace
l https://dhr.ny.gov/system/files/documents/2022/05/nysdhr-sexual-harassment.pdf
l https://ag.ny.gov/sites/default/files/sexual_harrassment_brochure.pdf
To learn more about your rights under Title VII of the Civil Rights Act of 1964:
l www.eeoc.gov/sexual-harassment
l www.eeoc.gov/laws/guidance/fact-sheet-sexual-harassment-discrimination
To learn more about your rights under Title IX:
l www2.ed.gov/about/offices/list/ocr/docs/202107-qa-titleix.pdf

Pregnancy and Breastfeeding

Discrimination and harassment based on pregnancy, breastfeeding
and pregnancy-related medical conditions is illegal under federal and
New York state law.

Frequently Asked Questions

n I am pregnant. What are my rights in the workplace?

Pregnancy discrimination is considered a form of sex discrimination,
and it is unlawful for employers to harass or discriminate against
employees for current, past or potential pregnancies, or for childbirth. Employers in New York are also
required to accommodate workers with pregnancy-related limitations and conditions so that they can perform
their jobs in the same manner that other employees must be accommodated due to disability, injury or illness.
n What are some pregnancy-related medical conditions?
These conditions include, but are not limited to, severe morning sickness, doctor-ordered bedrest,
preeclampsia, gestational diabetes, anemia, edema, recovery from childbirth, post-partum depression
and lactation.
nH
 ow can my pregnancy or pregnancy-related conditions be accommodated in the workplace?
Effective January 2016, the New York State Human Rights law expressly guarantees pregnant workers the
right to reasonable accommodations for any pregnancy-related conditions, including: occasional breaks to rest
or drink water, a modified work schedule, leave for related medical needs, available light duty assignments,
and transfers away from hazardous duty. Also, your employer cannot require you to take leave because you
are pregnant – they must accommodate your pregnancy to enable you to perform the essential functions of
your job. Local laws can also protect a right to reasonable pregnancy accommodation.
The Pregnant Workers Fairness Act (“PWFA”) went into effect on June 27, 2023, and requires covered
employers (including private and public-sector employers with at least 15 employees) to provide reasonable
accommodations to employees for known limitations related to pregnancy, childbirth, or related medical
conditions. In addition to now accepting charges, the U.S. EEOC released resources on the PWFA, including
tips for employees to request accommodations. See the EEOC resources at the links below:
l W
 hat You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment
Opportunity Commission (eeoc.gov)
l PWFA Reasonable Steps Infographic (eeoc.gov)
l PWFA Infographic (eeoc.gov)
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 n I am having trouble conceiving. What are my rights to infertility services in New York?
Effective Jan. 1, 2020, New York Insurance Law requires large-group insurance policies and contracts that
provide medical coverage to cover three cycles of in-vitro fertilization used in the treatment of infertility. Health
Insurers FAQs: IVF and Fertility Preservation Law Q&A Guidance | Department of Financial Services (ny.gov)
On Feb. 23, 2021, the New York State Department of Financial Services issued Insurance Circular Letter
No. 3 directing insurers to provide immediate health insurance coverage for basic infertility treatments to
those individuals who are unable to conceive due to their sexual orientation or gender identity in accordance
with the Insurance Law. dfs.ny.gov/industry_guidance/circular_letters/cl2021_03
n I am pregnant. When do I have to tell my employer?
Although there are no set deadlines for when to tell your employer, if you intend to use New York Paid Family
Leave (private-sector employees) or leave under the Family Medical Leave Act (public and private-sector employ-
ees) for childbirth, you must give at least 30 days’ notice, absent some reasonable excuse for the delayed notice.
nW  hat are my rights when I return to the workplace?
Lactation is a pregnancy-related condition, and New York state is very protective of breastfeeding mothers
who return to the workplace. The 2007 “Nursing Mothers in the Workplace Act” requires employers to pro-
vide nursing mothers with break time to pump breast milk at work for up to three years following the birth of
the child. Employers must make reasonable efforts to provide a room or other location near the work area for
a woman to pump in private. On Dec. 9, 2022, Gov. Kathy Hochul signed legislation (S.4844-B/A.1236-A) to
amend New York Labor Law 206-c to expand accommodations for breastfeeding mothers in the workplace. The
amendment requires seating, access to clean running water, electricity, and a working space for mothers who
are breastfeeding and/or pumping in the workplace. It also specified that the space provided cannot be a bath-
room or bathroom stall. Since 2018, New York City Laws 185 and 186 have also required that employers have
a written lactation policy allowing for reasonable pump breaks and an available lactation room if space permits.
On the federal level, the Affordable Care Act of 2010 required employers to provide reasonable times to
express breast milk and a private place for pumping other than a bathroom. Notably, the Affordable Care Act
excluded most salaried employees.
Additionally, the Providing Urgent Maternal Protections (“PUMP”) for Nursing Mother’s Act, which went into
effect on April 28, 2023, expands the rights under the Affordable Care Act to over 9 million workers who had
first been excluded, so that all breastfeeding employees now have a federal right to express breast milk in a
private space for the first year of the baby’s life. This new law also requires that if the employee spends time
doing any form of work during the pumping break, the employee must be compensated for the time spent
pumping and performing work at the same time (i.e., a teacher grading exams while pumping).
FLSA Protections to Pump at Work | U.S. Department of Labor (dol.gov)
nW  hat is a “private” space?
The space provided by your employer cannot be open to other employees, customers or members of the
public while you are pumping breast milk. It should have a door with a functional lock, or in the case of a
cubicle, a sign warning that the location is in use and not accessible to others. The space cannot be a restroom
or toilet stall. It must be hygienic, safe, and convenient. You also are entitled to access to a refrigerator where
you can store your pumped milk.
nA  re pump breaks paid or unpaid?
Pumping breaks are unpaid under the law in New York, but employees must be allowed to make up the time
as long as that time falls within the employer’s normal work hours. Also, an employer may permit the use of
regular paid break time or mealtime for pumping but is not required to do so. New York law requires at least
20 minutes for each unpaid pumping break and one break at least every three hours.
Under the federal Fair Labor Standards Act, when an employee uses break time under the PUMP Act, the
employee must either be completely relieved from duty or must be paid for the break time if performing any
work while pumping. Further, an employee is permitted to use paid break time to pump.
nC an I be discriminated against for being a working mom?
No. Since Jan. 19, 2016, it is illegal in New York state to discriminate against any employee on the basis
of “familial status” because you are, or are in the process of becoming, a parent or guardian to one or more
children. Among other things, it is unlawful for an employer to refuse to hire or promote a woman because
she has children, and it believes she will be “unreliable” because of them. Further, both federal and state law
prohibit you from being discriminated against or denied accommodations in the workplace due to medical
conditions that are related to your pregnancy or childbirth.

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 nN ow that I am a mother in the workplace, what laws protect me?
On the federal level, protection can be found under the Pregnancy Discrimination Act of 1978 which
amended Title VII, the Pregnant Workers Fairness Act, the Providing Urgent Maternal Protections (“PUMP”)
for Nursing Mother’s Act, and possibly other federal laws such as Title IX of the Education Amendments of
1972, the Americans With Disabilities Act, the Family and Medical Leave Act of 1993, the Rehabilitation Act
of 1973, and the Patient Protection and Affordable Care Act of 2010.
On the state level, there are the New York State Nursing Mothers in the Workplace Act (Labor Law §206-c),
the New York State Protect Women from Pregnancy Discrimination Act, the New York State Paid Family Leave
Law, the New York Penal Law 245.01 (which states that breastfeeding an infant in public is not considered
indecent exposure), and the recent legislation requiring all employers in New York to provide convenient private
pumping spaces, as discussed above. Also know that there are local laws protecting mothers in the workplace,
such as the New York City Pregnant Workers Fairness Act, in addition to some collective bargaining agreements.
nW hat can I do if my rights as a working mother have been violated?
New York state offers greater protections for working mothers than those found under federal law. First,
you should seek help from your union and file a complaint with your employer. However, you have the right in
New York state to file a complaint with the New York State Division of Human Rights within one year of your
discrimination, harassment or denied accommodation.

To file a complaint with the NYS Division of Human Rights, please see the contact
information for the division listed on page 2 of this guide.

Helpful Resources
To learn more about working while pregnant or breastfeeding in New York:
l n y.gov/working-while-pregnant-know-your-rights/pregnancy-rights-employees-workplace
l health.ny.gov/prevention/nutrition/wic/breastfeeding/back_to_work_moms.htm
l g overnor.ny.gov/news/governor-hochul-signs-legislation-expand-accommodations-breastfeeding-workplace
l dol.ny.gov/nursing-mothers-workplace-0
l dol.ny.gov/system/files/documents/2023/03/ls702.pdf
l dhr.ny.gov/system/files/documents/2022/05/guidance-familial-status-employers.pdf
To learn more about your pregnancy rights under federal law:
l e eoc.gov/laws/guidance/questions-and-answers-about-eeocs-enforcement-guidance-pregnancy-discrimina-
tion-and
l eeoc.gov/pregnancy-discrimination
l dol.gov/agencies/oasam/civil-rights-center/internal/policies/pregnancy-discrimination

Family Leave Rights

In New York state you have the right to both paid and unpaid statutory leave to care for yourself and your family.

Frequently Asked Questions

nW
 hat are my rights to unpaid leave in New York?
At the federal level, the Family Medical Leave Act (“FMLA”) provides 12 weeks of job-protected unpaid leave
per year. During this time, employers must continue normal health insurance benefits during the leave. “Family
leave” is available for the birth and care of an infant, adoption, care of a child, or placement of a child into foster
care. “Medical leave” is available to employees with serious health conditions that prevent them from doing
their job and to care for a spouse, dependent child or parent with a serious health condition. Additionally,
under certain circumstances, a medical leave of absence may also be a reasonable accommodation under
the Americans with Disabilities Act (“ADA”).
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 nW  hat is a “serious health condition” under the FMLA?
A "serious health condition" is any illness, injury, impairment,
or physical or mental condition that involves hospitalization, other
inpatient care, or continuing treatment by a health care provider.
Unlike family leave, medical leave under the FMLA may be taken
on an “intermittent” basis when medically necessary.
nD  o I accrue seniority while on unpaid FMLA leave?
No. The FMLA regulations do not entitle an employee to accrue
any additional benefits or seniority during an unpaid FMLA leave.
However, a teacher on a paid FMLA leave (see next question) would
continue to accrue seniority while paid.
nD  o I have to use my contractual time off during a leave?
Under the FMLA, you may choose, or your employer may require, that you substitute any accrued contrac-
tual paid leave (vacation, personal, or family leave) for that leave so that you continue to receive pay.
nH  ow is the FMLA different from the New York State Paid Family Leave?
New York is one of the few states that offers paid family leave. The New York Paid Family Leave (“PFL”) law
of 2018 allows for paid time off to private-sector employees who need leave to bond with a newly born,
adopted or fostered child, to care for a family member with a serious health condition, or to assist loved
ones when a spouse, domestic partner, child or parent is deployed abroad on active military leave service.
It provides job protection, continued health insurance, and protection from discrimination and retaliation.
Employees taking Paid Family Leave receive 67 percent of their average weekly wage, or up to 67 percent
of the New York state average weekly wage.
Unlike the FMLA, employers cannot require you to use your contractual paid time off during a PFL leave.
However, PFL cannot be taken by an employee for her own serious health condition or illness.
nA re public employees eligible for New York Paid Family Leave?
Only if your employer has voluntarily opted to provide you with this benefit. Your employer must first
bargain with your union before opting in to provide PFL.
nW  hen do I have to tell my employer that I want to take FMLA or PFL?
Although there are no set deadlines for when to tell your employer, if you intend to use FMLA or PFL
(if eligible) for family leave, you must give at least 30 days’ notice, absent some reasonable excuse for the
delayed notice.
nC  an I be penalized for taking leave under these laws?
No. Your employer is prohibited from discriminating against you for requesting or taking leave under
these statutes. Additionally, effective Feb. 20, 2023, recent amendments to the New York State Labor Law
also provide employees with new legal remedies if they have been retaliated against for taking lawful
absences from work. The amendments also prohibit employers from using “no-fault” attendance policies,
i.e., point systems, that penalize employees for taking protected absences.
nW  hat leave rights do domestic violence victims have in the workplace?
In addition to any rights to leave under the FMLA and PFL, the New York Human Rights Law was
amended in 2019 to prohibit discrimination on the basis of “domestic violence victim status.” Therefore,
where an employee is known to be a domestic violence victim, she is entitled to be absent from work for
“a reasonable period of time” due to an incident of domestic violence, and this is protected under the law as
a reasonable accommodation. During that period of leave, she is also entitled to continued health insurance
coverage and may utilize accrued paid leave or take the leave unpaid.
nW hat laws protect my leave rights in the workplace?
On the federal level, the Family Medical Leave Act of 1993 and the Americans with Disabilities Act of 1990
may provide leave protections.
On the state level, there are protections under the New York State Paid Family Leave law, New York Paid Sick
Leave law (which requires, depending on the number of employees, at least 40 hours of protected unpaid or
paid sick leave each year), and the New York Human Rights Law. Further, Labor Law Section 215 was amended,
effective Feb. 19, 2023, to protect private sector employees from discipline or retaliation for lawful absences.
You should also remember that local laws and your collective bargaining agreement may also provide you
with the right to leave time.
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 nW
 hat do I do if my leave rights have been violated?
Contact your union right away. Contractual leave violations should be challenged through the grievance
procedures of your collective bargaining agreement.
Statutory leave violations will typically be handled by the New York state or federal departments of labor
overseeing specific leave claims. An employee who believes that her FMLA rights have been violated may
either file a complaint with the U.S. Secretary of Labor or may file a private lawsuit. The statute of limitations
to file an FMLA claim in court is two or three years, depending on whether the violation was willful.
There is no statute of limitations to file a complaint with the U.S. Secretary of Labor, however an employee
is required to file within a reasonable period after they discover
that their FMLA rights have been violated.

To file an FMLA complaint with the Wage and Hour Division of the U.S. Secretary of Labor:
l Online at www.dol.gov/agencies/whd/contact/complaints
l Call 866-487-9243
l Visit a regional office and file in-person www.dol.gov/agencies/whd/contact/local-offices
If you believe that you have been unlawfully denied any New York state leave (excluding NY PFL leave) that
is not contractual, you can file a complaint with the Division of Labor Standards of the New York Department
of Labor.

To file a Labor Standards Complaint Form with the Division of Labor Standards:
l Online at dol.ny.gov/system/files/documents/2023/04/ls223.pdf
l Call 888-469-7365
 isit a district office and file in-person dol.ny.gov/location/contact-division-labor-standards
lV
Employers cannot fire you, reduce your pay or benefits, or discipline you in any way for requesting or using
New York PFL. However, before you file a complaint for any violation, you must ask your employer to reverse
their decision and wait 30 days for them to comply. If they do not, then you can file a complaint with the
Workers’ Compensation Board.

To file a complaint with the New York State Workers’ Compensation Board:
l Online at wcb.ny.gov/content/main/Workers/file-claim.jsp
 y printing out a paper form and mailing/emailing it to the board wcb.ny.gov/content/main/Forms.jsp
l B
 isit a district office and file in-person wcb.ny.gov/content/main/DistrictOffices/MainPage.jsp
l V

Helpful Resources

For more information on your right to leave under the FMLA:

l eeoc.gov/laws/guidance/family-and-medical-leave-act-ada-and-title-vii-civil-rights-act-1964
l dol.gov/agencies/whd/fact-sheets/77b-fmla-protections
l webapps.dol.gov/elaws/whd/fmla/13.aspx
For more information on your right to paid leave in New York:
l paidfamilyleave.ny.gov/2023
l paidfamilyleave.ny.gov/paid-family-leave-and-other-benefits
l ny.gov/programs/new-york-paid-sick-leave
l nyc.gov/assets/dcas/downloads/pdf/agencies/pfl_1_paid_family_leave_fact_sheet.pdf

Other helpful resources on protections in New York for employees who are caregivers:
l e eoc.gov/laws/guidance/enforcement-guidance-unlawful-disparate-treatment-workers-caregiving-responsibilities

9
 New York State United Teachers
NYSUT is nearly 700,000 people who work in, or are retired from, New York's
schools, colleges, and healthcare facilities. We are classroom teachers, college and
university faculty and professional staff, school bus drivers, custodians, secretaries,
cafeteria workers, teacher assistants and aides, nurses and healthcare technicians.
NYSUT is affiliated with the American Federation of Teachers
and National Education Association.

NYSUT Officers
Melinda Person, President
Jaime L. Ciffone, Executive Vice President
Ronald Gross, Second Vice President
J. Philippe Abraham, Secretary-Treasurer

NYSUT Office of General Counsel

NYSUT’s Office of General Counsel employs more than two dozen attorneys
who vigorously defend the rights of union members and advance the causes
of labor and public education through state and federal litigation.

Created 11/23