May 28, 2021 Sick Leave for COVID-19 Vaccine Side-Effects Recovery
KEEPING YOU INFORMED…
Yesterday, Governor Cuomo announced that paid sick leave is available for individuals recovering from COVID-19 vaccine side-effects and that the New York State Department of Labor would publish additional guidance with respect to this leave time. The guidance, which was published earlier today (available at: https://dol.ny.gov/system/files/documents/2021/05/psl-and-vaccine-recovery-guidance.pdf), does not create a new or additional leave entitlement. Instead, the guidance clarifies that, in the private sector, the sick leave time provided by the NY Paid Sick Leave Law (pursuant to Labor Law §196-b) may be used for COVID-19 vaccine side-effects recovery. This does not change the existing law.
While the guidance does not impact public sector employers, as a practical matter, public sector employers should keep in mind that employees who are experiencing side-effects as a result of receiving a COVID-19 vaccine are likely “sick” for purposes of using contractual sick leave.
If you have any questions regarding this new guidance document or the NY Paid Sick Leave Law, please contact Alyssa Zuckerman (alz@lambbarnosky.com) 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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