All employers in New York State must provide employees with up to four hours of paid time off per Covid vaccination, effective immediately through December 31, 2022. This means that employees who receive a two-dose vaccine must be given up to eight hours of paid time off on two occasions at their regular rate of pay. This leave is in addition to all other leave, and employers may not require employees to use other paid time off instead, such as accrued sick or vacation time. Discrimination and retaliation are prohibited against any employee seeking to use this leave to be vaccinated.
Currently, there is no guidance as to what, if any, documentation employers may request from employees to prove that they used the leave for vaccination.
If you have questions about this latest legal development, please contact Valerie K. Ferrier, Counsel in Kane Kessler’s Labor & Employment Law Department, at vferrier@kanekessler.com or 212-519-5107.