COVID VACCINE LEAVE INFORMATION - brought to you by JBM HR Consulting, Inc.

As more and more people are getting appointments to be vaccinated, be sure to keep the following information in mind!

Effective Friday, March 12, 2021, Governor Cuomo signed a new law that will allow employees in New York State to take up to four hours off from work, with pay, to get vaccinated for COVID-19.

The new leave entitlement will affect both public and private employers. This law states that employees may take a paid leave of absence, not to exceed four hours per shot, to be vaccinated for COVID-19. The law explicitly states that the four-hour allotment applies per vaccine injection. An employee may receive additional time if they have a collective bargaining agreement or as otherwise authorized by the employer. Also note, the period of leave may not be charged against any other leave to which the employee is entitled, including New York State Sick Leave.

The law also prohibits employers from discriminating or retaliating against any employee for requesting or obtaining a leave of absence to be vaccinated for COVID-19. Proof of vaccination is a good way to document the time off for this leave. It seems from other clients, the average time off for such vaccines has been under two hours.

If your employee receives the Johnson and Johnson vaccine, it is “one and done” so I would suggest you obtain proof of the type of vaccine if wondering about the time off requested. Such individuals will not need two separate leaves.

The new leave entitlement will take effect immediately and expire on Dec. 31, 2022.

Should anyone need any guidance on implementation or compliance and employee related issues please reach out to JBM! or 716-946-8381

Jeannine Brown Miller
JBM HR Consulting, Inc. | HR
phone:  716-946-8381
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