On March 12, 2021, former Governor Andrew M. Cuomo signed a new law granting employees paid leave time
to receive COVID-19 vaccinations. Below is the full text of the new Labor Law provision (Chapter 77 of the Laws
of 2021).
LABOR LAW § 196C. LEAVE TIME FOR COVID19 VACCINATION:
1. Every employee shall be provided a paid leave of absence from his or her employer for a sucient
period of time, not to exceed four hours per vaccine injection, unless such employee shall receive a greater
number of hours pursuant to a collectively bargained agreement or as otherwise authorized by
the employer, to be vaccinated for COVID-19.
2. The entire period of the leave of absence granted pursuant to this section shall be provided at the
employee’s regular rate of pay and shall not be charged against any other leave such employee is
otherwise entitled to, including sick leave pursuant to section one hundred ninety-six-b of this article,
or any leave provided pursuant to a collective bargaining agreement.
3. The provisions of this section may be waived by a collective bargaining agreement, provided that for
such waiver to be valid, it shall explicitly reference this section of law.
In addition, the law provides that no employer or his or her agent, or the ocer or agent of any corporation,
partnership, or limited liability company, or any other person, shall discharge, threaten, penalize, or in any other
manner discriminate or retaliate against any employee because such employee has exercised his or her rights
aorded under this act, including, but not limited to, requesting or obtaining a leave of absence to be vaccinated
for COVID-19.
PAID LEAVE FOR COVID-19
VACCINATIONS
FREQUENTLY ASKED QUESTIONS
Q: ARE ALL EMPLOYERS ARE COVERED BY THIS LAW?
For purposes of this law, employers include any person, corporation, limited liability company, or association
employing any individual in any occupation, industry, trade, business or service. Public employers, including state
and local government entities, are covered by a separate paid vaccine leave law under New York State Civil
Service Law §159-c.
Q: WHAT IS THE MAXIMUM NUMBER OF HOURS OF PAID LEAVE THAT AN EMPLOYEE IS ENTITLED TO
UNDER THIS NEW LAW?
The maximum number of hours that an employee is entitled to paid leave under this law depends on the number of
required COVID-19 vaccine injections. If a COVID-19 vaccine requires two injections, then the employee would be
entitled to two periods of paid leave of up to four hours each (which could be up to 8 hours in total).
Q: WHAT IS A “SUFFICIENT PERIOD OF TIME” TO BE ABSENT FOR A VACCINE INJECTION?
The law does not define this term, however, the paid leave period for a single injection cannot exceed four hours.
Q: CAN AN EMPLOYEE USE THIS PAID LEAVE TO ASSIST A RELATIVE OR ANOTHER PERSON IN GETTING
A VACCINE?
No. The paid leave granted by this law is only available to the employee for their own receipt of COVID-19 vaccine.