New York Requires Paid Leave for COVID-19 Vaccination
On March 12, 2021, the Governor signed new legislation requiring employers to provide paid leave “for a sufficient period of time, not to exceed four hours per vaccine injection” for employees to be vaccinated for COVID-19. Employees are entitled to be paid at their regular rate of pay, and the leave cannot be charged against any other leave such employee is otherwise entitled to, although this provision may be modified under a collective bargaining agreement.
The law applies to both public and private employees. See N.Y. Civil Service Law §159-c (public employees) and N.Y. Labor Law §196-c (private employees). It also includes anti-retaliation provisions:
No employer or his or her agent, or the officer or agent of any corporation, partnership, or limited liability company, or any other person, shall discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee because such employee has exercised his or her rights afforded under this act, including, but not limited to, requesting or obtaining a leave of absence to be vaccinated for COVID-19.
This law takes effect immediately, but it will expire and be deemed repealed on December 31, 2022.
If you would like to schedule a consultation to talk about how this legislation may impact your business, please feel free to contact 585.512.3519, Peter Weishaar at firstname.lastname@example.org or 585.512.3542.
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