Last year on March 12, 2021, Governor Andrew Cuomo signed New York State legislation that granted employees paid time off to receive their COVID-19 vaccination (the Law), as we previously reported. The Law – which was originally set to expire on December 31, 2022 – requires that employers, regardless of company size, provide employees with up to four hours of paid leave per COVID-19 vaccine injection (including boosters).

However, Governor Kathy Hochul recently signed into law Assembly Bill A9513 to extend the Law to December 31, 2023.

What Does this Extension Mean for Employers?

Employers are reminded that this COVID-19 Vaccination Paid Leave may not be charged against other available leave, such as leave available under the New York State Paid Sick Leave or the New York City Paid Safe and Sick Leave. The leave must also be paid at the employee’s regular rate.

This leave is also separate from the dedicated sick leave for child vaccinations under the New York City Paid Safe and Sick Leave Law, which provides parents of children under the age of 18 up to four hours of COVID-19 child vaccination time per vaccine injection, for each child. The leave allows parents to be paid at their regular rate of pay for accompanying their child to vaccine appointments or for caring for a vaccinated child experiencing temporary side effects.

What Should Employers Do?

Employers should review and update their paid leave policies to ensure that employees are aware of leave available for COVID-19 vaccinations.

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