New York Passes Paid Sick Leave for COVID-19 Vaccine Injections

In what could amount to a wave of new COVID-19 vaccine paid sick leave requirements for other states, New York has passed a bill granting paid leave for employees receiving the vaccine.

The intent of the bill is to encourage employees to schedule and receive their vaccination.

What is it? The New York State Bill, S2588A amends New York labor law to add a section that provides paid leave of absence for a sufficient period of time, not to exceed four hours per vaccine injection.

There is an exception for employees who receive a greater amount of hours pursuant to an employer vaccine policy or a collectively bargained agreement.

Which employers must comply? Any participating employer in New York State, private or public without regard to number of employees.

When is it effective?  March 12, 2021; although, it is unclear if the bill is retroactive.

What does it expire?  December 31, 2022

What is the amount of leave?  A sufficient period of time not to exceed 4 hours per COVID-19 vaccine injection.  The leave should be provided at the employee’s regular rate of pay, and the employer may not require that the employee use any other leave available.

The State will most likely issue guidance to address anticipated employer questions.

About Michelle Cammayo, Compliance National Practice Leader, Employee Benefits

Michelle Cammayo has close to 20 years of Employee Benefits experience specializing in all lines of health and welfare benefits. Today, Michelle works closely with clients and partners to provide guidance in areas of the law including ERISA, HIPAA, COBRA, FMLA and PPACA. She is also the IMA National Practice Leader for Compliance and endeavors to ensure IMA helps its clients manage and eliminate risk in the most effective manner. She is passionate about educating others and her passion for this shined in the COVID era where Michelle conducted weekly and then monthly webinars providing guidance to employers. Her podcast, Cammayo’s Compliance Talk, has gained popularity in the last three years to become a favorite amongst our clients. She also contributes regularly to our Blog and has authored several articles for industry-related newsletters. Michelle’s consultative approach with employers provides practical advice as employers endeavor to be compliant.

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