March 16, 2021
New York State Passes Law Requiring Employers to Provide Paid Time Off for COVID Vaccine
A new law requires employers to provide employees in New York State with paid time off to receive the COVID-19 vaccine. The new law is already in effect and does not expire until Dec. 31, 2022.
Under the new law, all employers are required to provide a sufficient amount of paid time off for employees to get vaccinated. A sufficient amount of time cannot exceed four hours per injection. Employees must be paid at their regular rate of pay and the time off cannot be charged against any other leave, including the state’s new paid sick leave law.
Employers are also prohibited from discriminating, retaliating, penalizing, or firing any employees that exercise their right to a vaccine.
Employers may be eligible for federal tax credits equal to 100% of the cost of providing the vaccination paid time off. The federal tax credit is available to employers through September 30, 2021.
Even with legal protections in place, vaccination doesn’t always end the moment you leave the clinic. Many people need time afterward to rest and recover, especially if side effects appear. Fatigue, fever, or body aches can make it difficult to return to work immediately, and in some cases, reactions may be more serious than expected. While most vaccinations are routine, there have been instances where even a standard flu shot led to complications that required medical attention.
In situations where recovery takes longer or unexpected issues arise, understanding your rights becomes essential, and seeking guidance for a vaccine injury compensation claim may be necessary to ensure proper support and coverage. Employers and employees alike should recognize that recovery is part of the process, not an afterthought, and allowing adequate time can prevent a manageable situation from becoming a larger problem.
NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.
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