As we had previously reported, on March 12, Governor Cuomo signed a new law granting employees paid leave to receive COVID-19 vaccinations. Recently, the State issued Guidance that elaborates on some of the requirements of this leave.
Initially, the Guidance confirms that this leave is only available for an employee’s own receipt of the COVID-19 vaccine. Employees are not entitled to leave for assisting a relative or other person in getting their COVID-19 vaccine.
Second, the Guidance indicates that the law does not prohibit an employer from requiring notice before an employee takes this leave. Nor does the law prohibit an employer from requiring proof of vaccination (though employers must consider any confidentiality requirements applicable to collecting or retaining such medical-related documentation).
Third, the Guidance makes clear that this leave is not retroactive. Thus, the leave is only required to be provided to employees who receive a COVID-19 vaccination on or after March 12, 2021.
Fourth, the Guidance indicates that the amount of leave available depends on the type of COVID-19 vaccination. “If a COVID-19 vaccine requires two injections, then the employee would be entitled to two periods of paid leave of up to four hours each (which could be up to eight hours in total).”
However, the law and the Guidance are silent as to: (i) whether the employer is permitted to require the employee to schedule the vaccination outside of normal work hours or at a time when the absence presents the least disruption to work operations; and (ii) how the paid leave applies to exempt (i.e., mainly office) employees.
With respect to the scheduling of the vaccine, employers can ask employees to select a vaccine appointment when it might be least disruptive for the employer or on the employee’s day off. To the extent the employee does not lose any work time related to the vaccine appointment, the employer would not have to provide pay for this leave.
Please let us know if you have any questions regarding employee issues involving COVID-19 vaccinations.