New NY Law Provides Leave Time For COVID-19 Vaccination

A new law, effective March 12, 2021, provides leave time for employees to obtain a COVID-19 vaccination.

Specifically, this legislation, inter alia, adds new Section 196-c to the New York Labor Law. That section provides:

§ 196-c. Leave time for COVID-19 vaccination, NY LABOR § 196-c

1. Every employee shall be provided a paid leave of absence from his or her employer for a sufficient period of time, not to exceed four hours per vaccine injection, unless such employee shall receive a greater number of hours pursuant to a collectively bargained agreement or as otherwise authorized by the employer, to be vaccinated for COVID-19.

2. The entire period of the leave of absence granted pursuant to this section shall be provided at the employee’s regular rate of pay and shall not be charged against any other leave such employee is otherwise entitled to, including sick leave pursuant to section one hundred ninety-six-b of this article, or any leave provided pursuant to a collective bargaining agreement.

3. The provisions of this section may be waived by a collective bargaining agreement, provided that for such waiver to be valid, it shall explicitly reference this section of law.

(In addition, the legislation, inter alia, adds a new section, § 159-c, titled “Leave time for COVID-19 vaccination”, to the Civil Service Law.)

By its terms, this law expires and is deemed repealed Dec. 31, 2022.

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