April 1, 2021

Employees in New York State Given Leave for Vaccination

In a bid to improve the state’s vaccine rollout, which, like many states, has been hampered by delays, software problems and vaccine skepticism, the New York Governor Cuomo signed state assembly legislation in mid-March granting all public and private employees paid time off to receive Covid-19 vaccinations. According to the language of the bill, employees are eligible for up to four hours of excused leave for each injection they receive. This excused leave does not affect any other accrued leave an employee might have already.

The hope is that providing time off will encourage more people to get vaccinated without fear of using up hard-earned leave time. More recently, the state expanded eligibility to all residents 30 and older, but scheduling problems remain a headache for many. On April 6, the state plans to follow other states in opening eligibility to all residents 16 and older.

Below is more specific information for employees and employers. The law stipulates that:

  • Employees are to receive normal pay rate for vaccine appointment leave;
  • Employees are granted “a sufficient period of time” to get each injection;
  • Employers cannot require employees to use already accrued leave time for vaccinations.
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The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
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Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

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