New York City now requires employers to provide up to four (4) hours of paid time off to employees who need to take their child to get vaccinated against COVID-19 (“COVID-19 Child Vaccination Leave”).
An employee may take up to four (4) hours of paid COVID-19 Child Vaccination Leave to accompany their child under the age of 18, or an older child who is incapable of self-care because of a mental or physical disability, to the child’s COVID-19 vaccination appointment. COVID-19 Vaccination Leave is available for each injection, and for each of the employee's children. COVID-19 Child Vaccination Leave may also be used employees who are caring for their child who is experiencing temporary side effects from a COVID-19 vaccine injection.
COVID-19 Child Vaccination Leave is additional paid time off beyond existing employer policies, and cannot be charged against any employee’s safe/sick time bank or other paid time off bank. COVID-19 Child Vaccination Leave should be paid at the employee's regular rate of pay, and for tipped employees, without applying a tip credit.
An employer may require that an employee provide reasonable notice, not to exceed 7 days, of the need to use COVID-19 Child Vaccination Leave when such leave is foreseeable. Otherwise, employee must provide notice as soon as practicable. An employer can also require that the employee provide reasonable documentation establishing that the child received a COVID-19 vaccine injection within 7 days of an employee’s use of COVID-19 Child Vaccination Leave.
An employer may not require an employee who uses COVID-19 Child Vaccination Leave to work additional hours to make up for the original hours for which the employee was absent, or to search for or find a replacement employee to cover the hours for which the employee was absent.
COVID-19 Child Vaccination Leave is available retroactive to November 2, 2021, and will be available until December 31, 2022.
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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.
