On March 12, 2021, Senate Bill S2588A became effective, creating Labor Law 196-C, "Leave for COVID-19 Vaccination" (the "Law"). The Law requires all employers in New York State to provide employees paid time off to get COVID-19 vaccinations.
Specifically, employers must grant “a sufficient period of time, not to exceed four hours per vaccine injection.” The leave must be provided at the employee's regular rate of pay, and is in addition to, and cannot be charged against, other leave entitlements, including NY Paid Sick Leave and COVID sick leave. Moreover, the Law has an anti-retaliation provision, prohibiting employers from threatening, discharging, penalizing or otherwise retaliating against any employee for exercising his or her rights under the Law.
Note that the requirements may be different if employees are subject to a Collective Bargaining Agreement. The Law sunsets on December 31, 2022.
The State has not yet issued guidance on the Law, including the extent to which there may be notice and/or posting requirements. We will continue to monitor for additional developments.
In the meantime, employers should ensure that they are providing employees with up to four hours of paid time off to get each injection of a COVID-19 vaccination.
For more information on New York paid leave requirements, contact Ron Rolleri at ron@rollerilaw.com.
