June 25, 2022

Volume XII, Number 176

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COVID-19 Vaccination: Paid Leave Enacted in New York

New York employees may now elect paid leave for time spent receiving the COVID-19 vaccination. Specifically, Governor Andrew Cuomo signed Assembly Bill A3354B, on March 12, 2021, which provides up to four hours of paid leave for COVID-19 employee vaccinations. Importantly, the law applies to all employers regardless of sector or size and provides employee leave for each applicable dose of the COVID-19 vaccine. Therefore, for two-dose vaccines, employees would be eligible for up to eight hours of paid leave.

Furthermore, employees electing to use such COVID-19 vaccination leave shall be paid “at the employee’s regular rate of pay and shall not be charged against any other leave such employee is otherwise entitled to, including sick leave … or any leave provided pursuant to a collective bargaining agreement.” That said, a collective bargaining agreement may waive these requirements provided such waiver is express and specifically references the relevant section of the law.

Additionally, the express terms of the law prohibit employer discrimination and/or retaliation against any employee electing to use such vaccination leave. As such, employers are well-advised to consult employment counsel pertaining to preparing and implementing relevant COVID-19 vaccination policies.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XI, Number 78
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About this Author

Wendy Johnson Lario, Greenberg Traurig Law Firm, New Jersey, Labor and Employment Attorney
Shareholder

Wendy Johnson Lario is an attorney at the New Jersey Labor & Employment Practice and represents employers in litigation involving claims of discrimination, harassment, retaliation, wrongful termination and whistleblowing, among others. She appears regularly in federal and state courts in New Jersey and New York and defends employers against charges filed with the Equal Employment Opportunity Commission (EEOC), the New Jersey Division on Civil Rights (NJDCR) and the New York Division of Human Rights (NYDHR). Wendy also provides advice and training to management and in...

973-443-3274
Eric Sigda, Greenberg Traurig Law Firm, New York, Labor and Employment Law Attorney
Shareholder

Eric B. Sigda is a shareholder in Greenberg Traurig’s Labor & Employment Practice. He represents management in litigating federal and state employment matters including claims involving allegations of discrimination, harassment, whistleblowing, Sarbanes-Oxley retaliation, breach of contract, wage and hour class actions, misappropriation of trade secrets and violations of restrictive covenants. Eric has handled matters in federal and state courts and in arbitration. He has also represented clients before various agencies including the Equal Employment Opportunity...

212-801-9386
Associate

Scott P. Humphreys is a member of the Labor & Employment Practice in Greenberg Traurig's New Jersey office. He focuses his practice on employment litigation matters arising from Title VII of the Civil Rights Act, the ADA, the ADEA, the FMLA, the New Jersey Law Against Discrimination, and the New Jersey Family Leave Act. 

Additionally, Scott counsels clients on compliance matters pertaining to applicable state and federal employment laws.

973-443-3221
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