New York Employers Must Provide Paid Leave to Employees to Obtain a COVID-19 Vaccines

New York has enacted legislation requiring all private and public employers to provide employees with paid time off to obtain COVID-19 vaccines. The legislation adds new sections to New York’s Labor Law (Section 196-c) and Civil Service Law (Section 159-c), and will expire on December 31, 2022.

Under the new law, employers must provide employees with up to four hours of paid time off for each COVID-19 vaccine injection. Employees must be paid at their regular rate of pay during this leave. The paid time off for COVID-19 vaccinations is in addition to any other paid sick leave to which an employee may be entitled. The law also contains prohibitions against employers discriminating or retaliating against an employee who takes or requests paid leave for a COVID-19 vaccination.

Given New York’s recent expansion of eligibility for COVID-19 vaccines, New York employers should expect an increase in the number of employees requesting time off to obtain the vaccine. Because the law does not provide guidance as to the type or amount of notice employees must provide to use paid COVID-19 vaccination leave, or what proof of vaccination an employer may request from an employee to confirm the use of the paid leave, employers should consult with knowledgable counsel regarding how to handle COVID-19 vaccine leave requests.

If you have questions about your business’s COVID-19 paid leave obligations or other employment practices, please contact us at (201) 345-5412 / (646) 503-5358 or through our online scheduling system to schedule a complimentary consultation.