New York state has extended its law requiring paid COVID-19 vaccination leave through Dec. 31, 2023. The extension was in the form of an amendment to the original law, which was scheduled to expire Dec. 31, 2022.
New York COVID Vaccination Leave Requirement
Under the COVID-19 vaccination leave law, employees must be allowed a sufficient period of paid time to be vaccinated for COVID-19, up to four hours per vaccine injection. Collectively bargained employees may be entitled to additional time, and employers are free to provide more time if they choose.
The law applies to all private employers and specified public employers, including the following, among others:
- Public officers and employees of public authorities
- State, county and municipal employees
- Employees of community colleges and public school districts
- Employees of public benefit corporations, and employees of participating employers in the state and local employees’ retirement system and the state teachers’ retirement system
New York COVID Vaccination Leave Compensation
Employees must be paid their regular rate of pay during the leave, and the leave may not be counted against any other leave to which the employee is entitled, including paid sick leave required by state law.
More Information
The state has issued FAQs on the law. In 2021, the state Department of Labor issued guidance clarifying that leave under the state’s paid sick leave law may be used by workers to recover from side effects of the COVID-19 vaccination.
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