Paid Vaccine Leave in NYC Expanded

Paid Vaccine Leave in NYC Expanded

On December 24, 2021, New York City passed an ordinance expanding the City’s Earned Safe and Sick Time Act to provide employees, who are parents, with four hours of paid COVID vaccine leave to accompany and care for children receiving the vaccine. The ordinance applies retroactively to November 2, 2021 and expires on December 31, 2022.

Up to four hours per injection, per child is available. A child includes individuals under age eighteen or an older child who is incapable of self-care because of a mental or physical disability. Additionally, the employee may use paid leave to care for the child if they experience side effects from the COVID vaccine.

Employers may require reasonable notice for the use of COVID vaccination leave if the leave is foreseeable, but they cannot require more than seven days’ notice prior to use of the time. Employers may also ask for documentation of vaccination.

The ordinance imposes penalties for failure to provide leave as follows:

  • The greater of three times the wages that have not been paid or $250.
  • If the employee was denied leave, $500.

No penalties will be imposed until after February 22, 2022. New York City Department of Consumer and Worker Protection will provide an employer with written notice of alleged violations. The employer has 15 days to cure these violations before the Department enforces the law.

The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations. This information is provided as general guidance and may be affected by changes in law or regulation. This information is not intended to replace or substitute for accounting or other professional advice. You must consult your own attorney or tax advisor for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.

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