NYS Legislature Passes Paid COVID Vaccination Leave Law

Last week, the New York State Legislature passed a bill which would provide paid leave to employees of private employers to be vaccinated against COVID-19.  The law requires employers to provide employees with up to four hours of paid time off per vaccine injection unless the employee receives a greater amount of paid time off under a collective bargaining agreement or pursuant to the employer’s policies.  Such leave must be provided at the employee’s regular rate of pay and cannot be charged against other leave entitlements, including paid sick leave or other leave provided under a collective bargaining agreement. The requirements of the law can, however, be waived under a collective bargaining agreement that explicitly references the applicable section of the law.  A similar leave entitlement was included in the legislation for public employees.

The law prohibits discrimination and retaliation against any individual who requests or takes leave to get vaccinated for COVID-19.  However, the law is silent as to whether employees must provide their employers with any notice of their intention to utilize this COVID-vaccination leave, as well as whether employers can require proof of vaccination following a request.  The law also does not explicitly address whether employees must be paid for vaccinations which occur during non-working hours, or whether compensation would be required for employees who have already been vaccinated; though a good argument could be made that compensation would not be required in those circumstances. 

The bill has not yet been signed by the Governor; however, if signed, it will go into effect immediately, so employers must be prepared to comply with this potential new law.  The law will remain in effect until December 31, 2022.  Employers with questions about this pending legislation should contact Kristina Grimshaw at kgrimshaw@fglawllc.com or any attorney at the Firm.

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