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In most cases, no. Employers generally cannot discipline, fire, or otherwise retaliate against employees for lawfully using protected sick leave under New York City or New York law. While employers may enforce reasonable attendance policies, they cannot punish employees for exercising their legal right to earned sick leave. If disciplinary action follows a protected leave request, the employer’s actions may violate employment laws.
When Is Sick Leave Protected in NYC?
Employees in New York City are protected by the Earned Safe and Sick Time Act, which allows eligible workers to use accrued leave for qualifying medical and safety-related reasons. Depending on the employer and the employee’s eligibility, additional protections may also apply under New York State law, the Family and Medical Leave Act, or disability accommodation laws.
Protected sick leave may generally be used for an employee’s illness, injury, preventive medical care, or certain family care needs. Employees may also use safe leave for qualifying circumstances involving domestic violence, sexual offenses, stalking, or human trafficking.
When leave is protected by law, employers generally may not interfere with its use or penalize employees for taking it.
How Can Employers Violate Sick Leave Laws?
Retaliation is one of the most common disputes involving sick leave. Although employers may manage attendance and workplace performance, they cannot take adverse action simply because an employee exercised a protected legal right.
Examples of potential retaliation include:
- Termination after using earned sick leave
- Demotion or reduced work hours
- Negative performance reviews tied to protected absences
- Disciplinary write-ups based solely on lawful sick leave
- Threats intended to discourage employees from using accrued leave
The timing of an employer’s actions often becomes an important factor when evaluating retaliation claims.
Can an Employer Count Sick Leave Against My Attendance Record?
Employers may maintain attendance policies, but those policies generally cannot penalize employees for legally protected sick leave.
For example, if an attendance policy automatically assigns disciplinary points whenever an employee uses earned sick leave, it may conflict with New York City’s leave protections. Likewise, employers should not discourage employees from using accrued leave through warnings, scheduling changes, or other negative consequences.
Whether a particular attendance policy violates the law depends on how it is written and applied in practice.
What Should You Do if You Are Disciplined After Taking Sick Leave?
If disciplinary action occurs after you use protected sick leave, preserve as much information as possible regarding both the leave request and the employer’s response.
Helpful records may include:
- Leave requests and approvals
- Emails or text messages with supervisors
- Attendance records
- Disciplinary notices
- Employee handbook policies
These documents can help establish whether protected leave was followed by unlawful retaliation.
Can Employers Request a Doctor’s Note?
Employers may request medical documentation in certain situations, but New York City law limits when such a request may be made. Generally, employers may require reasonable documentation only after an employee has used more than three consecutive workdays of earned safe or sick leave.
Even when documentation is permitted, employers should not require employees to disclose unnecessary medical details or interfere with the lawful use of protected leave.
Documentation disputes should not be grounds for denying rights guaranteed under applicable leave laws.
Protect Your Right to Use Earned Sick Leave
Employees should not have to choose between protecting their health and protecting their jobs. New York City’s sick leave laws were enacted to allow workers to care for themselves and their families without fear of unlawful retaliation.
If you believe your employer disciplined or retaliated against you for using protected sick leave, contact Lipsky Lowe to learn how we can help.