As a follow up to my previous post on the new "Sandy" Law, new legislation has been introduced that would provide even more protections for employees who are affected by a state of emergency. The proposed bill would make it unlawful for an employer to take any adverse employment action against an employee "because the employee is not actively working and performing all regular duties [at] the employer's place of business due to a state of emergency."
In addition, the law would not allow employers to require employees to use sick, personal, vacation, or any other leave for time that the employee is unable to work. However, it does provide that employers are not required to compensate employees for those days that they are not working, unless that employee is performing work remotely.
Finally, the bill places the onus on the employees to "make every effort" to notify the employer that they will be absent due to the state of emergency and they must return to work as soon as possible, but not later than the first regularly scheduled work period after the state of emergency has ended.
Look back here for more updates on this bill as it makes its way through the legislature.
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