•  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: https://www.lgtlegal.com/news/Newly-Enacted-COVID-19-Vaccination-Leave-Effective-as-of-March-12-2021_344-news.htm
• 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
  • For more information on this guidance, please see: https://dol.ny.gov/system/files/documents/2021/03/cd6.pdf

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