![\"sick](\"https:\/\/gtm.com\/business\/wp-content\/uploads\/2021\/06\/vaccine-6109246_1920.jpg\")
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The New York State Department of Labor (NYDOL) has issued guidance<\/a> clarifying that leave under the state\u2019s paid sick leave law<\/a> may be used by workers for COVID-19 vaccine recovery.<\/p>\n The state\u2019s paid sick leave law requires employers with five or more employees<\/strong> or a net income of more than $1 million<\/strong> to provide paid sick leave to employees. Employers with fewer than five employees and a net income of $1 million or less must provide employees with unpaid sick leave. Required leave amounts range between 40 and 56 hours, depending on the employer\u2019s size.<\/p>\n New York has also passed separate laws requiring:<\/p>\n The guidance document, issued by the NYDOL on May 27, 2021, states that recent studies have found that workers are avoiding the COVID-19 vaccine due to a fear of missing a day of work.<\/p>\n Noting that the state\u2019s paid sick leave law allows employees to use sick leave for mental or physical illness, injury, or health condition \u2013 regardless of whether it has been diagnosed or requires medical care at the time of the request for leave \u2013 the NYDOL concluded that \u201cemployers are obligated to honor the employee\u2019s desire to use accrued sick leave for the recovery of any side effects of the COVID-19 vaccination.\u201d<\/p>\nNew York Leave Law<\/h2>\n
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Department of Labor Guidance<\/h2>\n