On March 24, 2021, the Department of Financial Services (DFS) released guidance in the form of frequently asked questions (FAQs) regarding the state’s new paid vaccination leave law. The questions address the amount and scope of the leave entitlement, among other issues.
As background, on March 12, 2021, Gov. Cuomo signed a new law providing employees with paid leave time to receive COVID-19 vaccinations. Under the law, employees are granted up to four hours of excused leave per injection that cannot be charged against any other leave the employees have earned or accrued.
The FAQs clarify that the law does not create any retroactive benefit rights; only employees receiving vaccinations on or after March 12, 2021, are eligible for the paid leave. The leave must be paid at their regular rate of pay. Furthermore, the paid leave is only available for employees to receive the vaccine and cannot be used to assist relatives or other persons in getting the vaccine. Employers can require employees to provide notice of their need to take the leave.
Contact information is also included for employees who believe they have been denied this paid leave or retaliated against for exercising their rights under the law.
Employers should be aware of the guidance and review the complete set of FAQs. For further assistance regarding the leave administration, employers should consult with counsel.
Paid Leave for COVID Vaccinations FAQ »
PPI Benefit Solutions does not provide legal or tax advice. Compliance, regulatory and related content is for general informational purposes and is not guaranteed to be accurate or complete. You should consult an attorney or tax professional regarding the application or potential implications of laws, regulations or policies to your specific circumstances.
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