COVID-19 Vaccination Paid Leave Available to Employees Effective Immediately

March 15, 2021

On March 12, 2021, Governor Cuomo signed legislation granting employees with paid time off to receive their COVID-19 vaccination.

Paid Leave Entitlement

Employers, regardless of company size, are required to provide employees with paid leave for up to four hours per vaccine injection to be vaccinated for COVID-19.

The vaccination leave is paid at the employee’s regular rate of pay and may not be charged against any other available leave (such as sick leave or any leave provided under an applicable collective bargaining agreement (CBA)).

Waiver of Leave Requirement Permissible Under CBA With Valid Waiver

For employees who are subject to a CBA, this requirement may be waived by the CBA, so long as the CBA contains a valid waiver.

Notice to Employees

While the legislation does not include a requirement that employers notify their employees of the availability of this new vaccination paid leave, employers should consider providing such notice as the paid leave is required to be available to employees effective immediately.

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