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New York Employees Now Entitled to Covid-19 Vaccination Leave

Under a law that went into effect March 12, New York staffing and direct hire firms and other employers are now required to provide private employees and certain public employees with paid time off for Covid-19 vaccination. Specifically, eligible employees (including, without limitation, temporary and part-time employees) are entitled to take up to “four hours per vaccine injection” to be vaccinated for Covid-19.

Covid-19 vaccination leave is paid at the employee’s regular rate of pay at the time of the absence and cannot be charged against any other leave to which an employee may be entitled, such as accrued sick leave under New York State’s Sick Leave Law or New York City’s Earned Safe and Sick Time Act. Neither the New York State Department of Labor nor any other agency has provided guidance on Covid-19 vaccination leave. ASA will provide an update if any such guidance is provided.