Paid Vaccination Leave Law in New York

Cathy Kelaghan, ckelaghan@stall-legal.com
March 17, 2021

On March 12, 2021, New York Governor Andrew Cuomo signed legislation which gives employees in New York up to four hours of paid leave per vaccine injection to obtain a COVID-19 vaccine.

This law states that the paid COVID-19 vaccination leave may not be charged against any other leave that the employee is entitled to, for example, paid sick leave, paid time off or any leave under a collective bargaining agreement. 

Employers are required to provide a “sufficient period of time,” up to four hours, to be paid at the employee’s regular rate of pay, for each COVID-10 vaccine injection.  The law expires by its terms on December 31, 2022 and prohibits employers from discriminating against or retaliating against any employee who takes or requests paid COVID-19 vaccination leave.

The law does not provide guidance on, for example, how much advance notice an employee must give in order to take leave or what proof of vaccination may be requested by the employer.  It is anticipated that New York may issue guidance on implementation of issue FAQs to address open items.  Stall Legal is available to assist and answer any questions you may have.