New NY Guidance: Employers Must Allow Employees to Use Paid Sick Leave for Vaccine Recovery Time

Date: June 02, 2021

Governor Cuomo announced that employers are required to provide paid time off to employees who are unable to work due to side effects from COVID-19 vaccination. The New York State Department of Labor issued guidance to clarify that this is NOT a new leave mandate.

Under the New York paid sick leave law that went into effect Jan. 1, 2021, employers with 5 or more employees are required to provide at least 40 hours of paid sick leave per calendar year. Employers with 100 or more employees must provide at least 56 hours of paid sick leave per calendar year. Employers with up to 4 employees and less than $1 million of net income, must provide 40 hours of unpaid sick leave. Employers can use paid time from the employee’s paid sick leave balance for an employee who is experiencing side effects of the vaccine and cannot report to work.

For more information about COVID-19 vaccine recovery time or other vaccine leave guidance, visit the NYS Dept. of Labor’s website.

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