Paid Leave for COVID Vaccinations Extended in New York

Employers in New York State need to be aware that legislation mandating paid leave for COVID-19 vaccination was recently extended, and will remain in effect through December 31, 2023. Signed into law in March 2021 by former Governor Cuomo, the legislation (New York Labor Law Section 196-C) allows New York employees up to four hours of paid leave to receive their COVID-19 vaccination.

The legislation applies to all workers at any size business or nonprofit in New York (including full-time, part-time, and temporary workers) and all domestic workers (in households).

Paid sick leave is covered for workers who get:

• one COVID-19 vaccine injection if that is what the vaccine requires; or

• two COVID-19 vaccine injections if that is what the vaccine requires; or

• a COVID-19 vaccine booster shot.

Employers should note that employees must use Paid Leave for COVID-19 Vaccinations to get vaccinated; this cannot be charged against any other type of leave that the employee may be entitled to, such as accrued leave under State or City Paid Sick Leave laws. Workers may use accrued other leave to recover from side effects of the COVID-19 vaccine.

All New York employers should review their COVID vaccination leave policies to ensure they reflect the new expiration date, and advise their managers of their New York employees’ continuing right to take this paid leave.