NY Department of Labor Issues Guidance on COVID Vaccine PTO

As we alerted you in our recent advisory, New York now requires employers to provide employees paid time off to get COVID vaccines.  In recent guidance, the New York Department of Labor clarified some of the details around this new requirement:

• The law is not retroactive. Only employees receiving vaccinations on or after March 12, 2021 are eligible for PTO to get the COVID vaccine.

• PTO applies only to the employee’s vaccine. Employees may not take PTO to assist another person in getting a vaccine.

• An employer may request proof of vaccination as a condition of providing PTO, but should be mindful of confidentiality obligations applicable to vaccination records.

• An employer can request notice of an employee’s need for PTO to get vaccinated.

• The PTO should be paid at the employee’s regular rate of pay.

• The PTO available to an employee depends on the number of vaccinations given to the employee. If a vaccine requires one injection the employee is entitled to up to 4 hours of PTO. If a vaccine requires two injections the employee is entitled to two periods of paid leave of up to 4 hours each.

Please feel free to contact us should you have any questions about the new PTO requirements.

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