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New York Legislation Provides Employees with Paid Leave for COVID-19 Vaccinations

New York’s Legislature recently passed a bill, which, if signed into law by Governor Andrew Cuomo, would temporarily amend the New York Labor Law to require New York employers to provide employees with up to four hours of paid leave per injection to receive the COVID-19 vaccination. Since the four-hour leave is per injection, employers will have to provide up to eight hours of paid leave for two-dose vaccination regimens, such as those being manufactured by Pfizer and Moderna. It is also possible that additional paid leave time will be needed if vaccine “booster” shots are required in the future.

Any such “vaccine leave” must be paid at the employee’s regular rate of pay and is in addition to (and cannot be charged against) any other leave to which an employee may be entitled, including under the State’s recently-enacted mandatory paid sick leave law. However, the provisions of this vaccine leave law may be waived in a collective bargaining agreement provided it explicitly references the law. Read more…