Employees Granted Paid COVID-19 Child Vaccination Leave

On December 24, 2021, New York City enacted a law that allows employees to take paid time off in connection with vaccinating their children for COVID-19. The law’s provisions, which amend the Earned Safe and Sick Time Act, apply retroactively to November 2, 2021, and will expire on December 31, 2022.

Specifically, parents are entitled to up to four hours of COVID-19 child vaccination time per injection for each child, for an absence from work to accompany the child to receive the vaccine or to care for a child experiencing temporary side effects from the injection. The child must be under the age of 18 or incapable of self-care due to a mental or physical disability. “Parents” include biological, step or adoptive parents, legal guardians, as well as those who stand in loco parentis.

This leave time is in addition to amounts already required under the Earned Safe and Sick Time Act. For the leave period, employees are generally entitled to compensation at their regular rate of pay at the time the leave is taken.

If the leave is foreseeable, the employer can require an employee to provide advance notice of the need for leave time (not to exceed seven days) and supporting documentation.

Employers that fail to pay employees for the child vaccination leave may be assessed amounts up to three times the wages that they should have paid or $250, whichever is greater. Employers may also be subject to civil penalties of $500 (or more if there are multiple violations). However, these penalties will not be imposed until 60 days after the enactment date.

Employers should be aware of these new requirements and should contact employment law counsel for compliance assistance or further information.

Int 2448-2021 »