October 29, 2021 Department of Labor Guidance on Paid Leave for COVID-19 Vaccination Booster Shot
KEEPING YOU INFORMED…
We are writing to advise you of a recent update to the NYS Department of Labor’s (“DOL”) guidance regarding paid leave for COVID-19 vaccinations.
As we previously advised in our May 7, 2021 client memorandum, the DOL issued guidance regarding paid leave time to receive the COVID-19 vaccine pursuant to Labor Law § 196-c. This guidance was recently updated to clarify that booster shots are included and covered by the COVID-19 vaccination paid leave law. AAs a result, employees are entitled to a paid leave of absence that is not charged to any accrued leave time, not to exceed four hours, in order to receive a COVID-19 booster shot.
Although the guidance specifically addresses Labor Law § 196-c (the private sector version of the COVID-19 vaccination paid leave law) and there is currently no public sector equivalent of the guidance from the DOL, we believe that the guidance nevertheless provides relevant information for public sector employers as well.
If you have any questions regarding the COVID-19 guidance, please contact Alyssa L. Zuckerman (firstname.lastname@example.org) or one of our other attorneys at 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
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© Lamb & Barnosky, LLP 2021
 The public sector version of this law is Civil Service Law § 159-c.
 The FAQ can be accessed here: https://dol.ny.gov/system/files/documents/2021/10/cd6-paid-leave-for-covid19-vaccinations-10-12-21_0.pdf