Earlier this year, New York passed Labor Law § 196-c, the Paid Vaccination Leave Law, allowing employees to receive paid leave for COVID-19 vaccinations. This law allows employees to receive up to four hours of leave for each vaccination shot.
The New York State Department of Labor recently updated its guidance to make clear that employees may now receive up to four hours of paid leave under Section 196-c for a COVID-19 booster shot.
Paid leave for vaccination cannot be charged against any other leave to which the employee is otherwise entitled, such as sick leave. The law applies to all private employers. Public employers are covered under a separate paid leave law: New York State Civil Service Law § 159-c. Employees are only allowed to claim paid leave for their own vaccines. The DOL's guidance notes that the law does not prevent employers from requiring notice before taking paid vaccine leave or from requiring proof of vaccination to claim paid leave.
The law became effective on March 12, 2021 and is set to expire on December 31, 2022.
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