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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CLE on COVID-19: Legal Issues and Government Resources Employers Should Know

April 8, 2020
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Here is a video of the CLE provided by Associate Alex Berke through the Dutchess County and Westchester County Bar Associations on April 1, 2020. It contains information on New York State Paid Family Leave, the Federal Family and Medical Leave Act expansion, and general information for employers on how to think through questions about their employees.

Applying for Unemployment

April 8, 2020
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Overview of applying for unemployment benefits at this time.

Help For Health Care Workers - Understand How to Ask to Work Remotely Due to Coronavirus/COVID-19

April 3, 2020
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This blog post is meant to provide a framework for health care workers who are not directly providing care to COVID patients to have a productive conversation with employers in support of a request to work remotely.

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