New York COVID-19 Vaccination Leave – Department of Labor Guidance

  •  On March 12, 2021, Governor Cuomo signed a new law that allows employees in New York to take up to four hours of paid leave time, per vaccination, to get vaccinated for COVID-19, which takes effect immediately and will expire on December 31, 2022
  • We previously published a summary of this new law here:
  • The New York Department of Labor has recently published guidance on this new law, which includes:
  • Employer Coverage: both public and private employers are covered by the law
  • Maximum Hours of Paid Leave: depends upon the number of COVID-19 vaccine injections; employees are entitled to up to four (4) hours of paid leave per vaccine injection
  • Use of Leave: paid leave under this law is available to an employee for their own receipt of a COVID-19 vaccine; employees may not use this leave to assist a relative or other person in getting a COVID-19 vaccine
  • Retroactivity: this law is not retroactive; only employees receiving vaccinations on or after March 12, 2021 are eligible for paid leave. Nothing in the law prevents employers from voluntarily providing employees with such benefits retroactively
  • Documentation: the law does not prevent an employer from requiring proof of vaccination, but employers are encouraged to consider confidentiality requirements applicable to such records
  • Notice: the law does not prevent an employer from requiring notice from an employee before taking a paid leave period under this new law
  • Collective Bargaining Agreement (CBA): the rights under this law may be waived in a CBA, but the CBA must specifically reference Labor Law §196-c

The Attorneys at Levene Gouldin & Thompson, LLP are available to provide advice and counsel concerning matters related to COVID-19.

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