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In late March 2021, the New York State Department of Labor (NYSDOL) issued much anticipated guidance on New York state’s new COVID-19 vaccine leave law. The law, which was signed by Governor Cuomo and went into effect on March 12, 2021, requires employers to provide up to four hours of paid leave upon request to employees who work in the state of New York and are scheduled to receive a COVID-19 vaccine. Under the law, an employee is entitled to this paid leave for each dose of the vaccine that the employee receives.

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The law as written, however, left open a number of questions regarding the limits of any leave entitlement as well as an employer’s ability to request supporting documentation for the leave. The NYSDOL’s new guidance now provides this much needed clarification for employers:

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New York’s COVID-19 vaccine leave law remains in effect until December 31, 2022. In light of the NYSDOL’s new guidance, New York employers should take steps to ensure that they have effective procedures in place to manage employee requests for COVID-19 vaccination leave. All employers who are considering a workplace vaccination mandate should be prepared to provide paid leave to employees who obtain COVID-19 vaccines in order to return to the workplace. As with any other request for medical documentation, whether related to leave or workplace accommodations, New York employers should also ensure that appropriate confidentiality protections are applied to proof of vaccination or other documentation obtained from employees.

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We will continue to monitor any further developments regarding New York’s COVID-19 vaccine leave law, as well as similar leave laws that may be enacted in other states or municipalities. For more information, please contact:

Rebecca Brazzano 212.908.3941 <a href="mailto:Rebecca.Brazzano@ThompsonHine.com">Rebecca.Brazzano@ThompsonHine.com</a>

Matthew R. Kissling 216.566.5586 <a href="mailto:Matthew.Kissling@ThompsonHine.com">Matthew.Kissling@ThompsonHine.com</a>

M. Scott Young 513.352.6617 <a href="mailto:Scott.Young@ThompsonHine.com">Scott.Young@ThompsonHine.com</a>

or any member of our <a href="https://www.thompsonhine.com/services/labor-amp-employment" target="_blank" rel="noopener">Labor &amp; Employment</a> practice group.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

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NYSDOL Issues Guidance Regarding New York COVID-19 Vaccine Leave Requirements

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