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On March 15, 2021, Governor Cuomo signed into law a bill that guarantees virtually all New York State employees public and private paid leave to receive a COVID-19 vaccination (the full text of the bill is available here). The law allows employees to take paid leave for a “sufficient period of time, not to exceed four hours
per vaccine injection,” and mandates that this leave be provided to employees without charge against any other leave bank to which they are otherwise entitled, including paid leave provided under the New York State Paid Sick Leave Law.
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The New York State Paid Sick Leave law (“NYSPSL”) and the amendments to the New York City Paid Safe and Sick Leave law (“ESSTA”) expanding employees’ paid sick leave entitlements will go into full effect on January 1, 2021. As we previously reported, NYSPSL went into effect on September 30, 2020 for accrual purposes, but employees are not able to access their accrued sick leave until January 1, 2021.
As a reminder, under both NYSPSL and ESSTA, the amount of sick leave is determined by an employer’s size and net income in a given calendar year:
, which would “establish[] rules and regulations for Sick Leave as set forth by . . . the [NYLL]” if and when adopted. While the Department has yet to formally publish notice of the Proposed Regulations in the New York Administrative Register and commence the comment period, here are the highlights from the Proposed Regulations posted on the NYDOL website.
Documentation: Unlike the NYSPSL law and non-binding administrative guidance, the Proposed Regulations contain provisions on an employer’s ability to “require medical or other verification in connection with sick leave.”
Length of Absence Required: Specifically, such verification may
not be requested for PSL use that is less than three consecutive previously scheduled workdays or shifts. Said another way, the verification can