The New York State Department of Labor (“NY DOL”) has recently issued guidance to all employers that any necessary recovery period from the COVID-19 vaccine is covered under the New York State Paid Sick Leave Law. Citing studies that found workers were avoiding the COVID-19 vaccine due to fear of missing a day of work due to side effects, on May 27, 2021, the NY DOL confirmed that employees can use sick leave for the recovery of any side effects of the COVID-19 vaccine. 

As we previously reported, the New York Paid Sick Leave Law took effect on January 1, 2021 and requires employers to provide workers with at least 40 hours of paid or unpaid sick leave up to a maximum of 56 paid hours, depending on the size and net income of the employer. Employees can use sick leave for their “mental or physical illness, injury, or health condition, regardless of whether it has been diagnosed or requires medical care at the time of the request for leave,” among other reasons. The NY DOL has now confirmed that reasons for leave include those related to the COVID-19 vaccine.

We recommend that employers review their policies to ensure they are in compliance with the new guidance. Should you have any questions relating to the New York Paid Sick Leave Law or have any other employment related concerns, please contact ALG.