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New York Requires Paid Leave for COVID-19 Vaccination

Peter J. Weishaar
Peter J. Weishaar
Mar 19, 2021
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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This law takes effect immediately, but it will expire and be deemed repealed on December 31, 2022.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 Amy Varel at avarel@mccmlaw.com or 585.512.3519, or Peter Weishaar at pweishaar@mccmlaw.com or 585.512.3542. 

Amy’s employment practice includes advising business clients in regard to various employment-related matters including hiring and firing, wage and hour issues, employment agreements, non-compete agreements and the preparation of employee handbooks.

Peter's employment practice includes the representation of businesses and individuals in matters involving restrictive covenants, non-compete agreements, discrimination, failure to pay wages in State and Federal Courts, and before administrative agencies, including the New York State Division of Human Rights and the United States Equal Employment Opportunity Commission.

This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.


About MCCM

McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979.  With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.

We represent a diverse range of clients located throughout New York State and New England.  They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts.  For more information, please contact us at 585.546.2500.