August 9, 2022

Volume XII, Number 221

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August 08, 2022

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New York State Tacks on an Extra Year to Its Paid Vaccination Leave Law

Back in March 2021, when it wasn’t easy for many people to get an appointment for an inoculation against COVID-19, New York State created an incentive for employees to get vaccinated.  A new provision was added to the Labor Law, requiring employers to provide paid leave time to employees to obtain each dose. As we previously noted, this statute was intended to sunset on December 31, 2022. However, as this year’s busy legislative session wound down, a bill extending the provision was delivered to Governor Kathy Hochul, who signed off on a 12-month extension of the law’s effective date, through December 31, 2023. Thus, New York employers will be required to provide their employees up to four hours of paid time off for each COVID-19 shot through (at least) the end of next year.

Does this even matter if everyone is already vaccinated?

It does, since the law applies to time needed for any dose of a COVID-19 vaccine, whether a first-time injection or a second booster.  Although the Department of Labor has not yet updated its guidance to reflect the new expiration date of Labor Law § 196-c, the FAQs were revised after their original issuance to clarify that the law applies to booster shots. Accordingly, if employees (or the CDC or their medical advisers) determine that it’s time for another dose, their employers will be obligated to give them the time needed (up to four hours) to get the shot.

Note, also, that this mandatory leave provision requires employers to provide paid leave, separate and apart from any leave requirements under New York’s Paid Sick Leave  or  COVID-19 Paid Leave laws, which do not have sunset provisions. New York City employers must also provide up to four hours to care for a child receiving a COVID-19 vaccination, though December 31, 2022.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 217
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About this Author

Susan Gross Sholinsky, Labor Employment Attorney, Epstein Becker Green Law Firm
Member of the Firm

SUSAN GROSS SHOLINSKY is a Member of the Firm in the Labor and Employment practice, in the New York office of Epstein Becker Green. She counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims. In 2013, Ms. Sholinsky was named to theNew York Metro Rising Stars list in the area of Employment & Labor.

212-351-4789
Steven M. Swirsky labor employment lawyer health care and life sciences attorney
Member of the Firm

STEVEN M. SWIRSKY is a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the firm's New York office. He regularly represents employers in a wide range of industries, including retail, health care, manufacturing, banking and financial services, manufacturing, transportation and distribution, electronics and publishing. He frequently advises and represents United States subsidiaries and branches of Asian, European and other foreign-based companies.

Mr. Swirsky:

  • Advises employers on a full range of labor and...
212-351-4640
Nancy Gunzenhauser Popper Labor Employment Attorney Epstein Becker Law Firm
Member of the Firm

NANCY GUNZENHAUSER POPPER is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Ms. Popper:

  • Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace

  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment...

212-351-3758
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