New York: Paid Vaccination Leave Available Through 2022

On March 12, 2021, and effective immediately, Governor Cuomo signed a new bill requiring employers to provide up to “sufficient time off” for an employee to receive COVID-19 vaccination, up to a maximum of four hours per injection. If an employee must receive multiple injections for the vaccination, the employee is entitled to four hours of vaccine leave for each injection. This leave is only available for employees receiving their own COVID-19 vaccination.

The COVID-19 vaccination leave must be paid at the employee’s regular rate of pay and runs independently of any other leave bank an employee is entitled to (e.g., paid sick leave, vacation, etc.). COVID-19 vaccination leave is available until December 31, 2022.

Employers are prohibited from discriminating or retaliating against employees who take or request COVID-19 vaccination leave. Furthermore, while employers may not require employees to provide advance notice before utilizing leave, an employer may request proof of vaccination. The state also released an FAQ regarding vaccination leave, available here.

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