On December 24, 2021, New York City enacted a law (Introduction No. 2448-2021) permitting employees who are parents to take paid time off to accompany their children when they receive COVID-19 vaccinations. In addition, the law allows these employees to take paid time off to care for their children if they experience side effects from the COVID-19 vaccine. The bill, which amends the New York City Earned Safe and Sick Time Act (ESSTA), took effect immediately. However, the bill’s provisions apply retroactively to November 2, 2021. The law will expire on December 31, 2022. The New York City Council passed the bill on November 23, 2021.
Eligible Employees
The law gives certain employees up to four hours of paid time off, per injection per child. Employees with children under the age of 18 or with children “incapable of self-care because of a mental or physical disability” are eligible to use the paid time off. The law defines a “parent” as a “biological, foster, step- or adoptive parent, or a legal guardian” as well as individuals who stand in loco parentis.
Payment
The law requires employers to compensate employees for their paid time off at the employee’s regular rate. In addition, the law requires employers to pay eligible employees on the next regular payday following the period in which the employees used child vaccination leave. This time must be in addition to leave already provided under the ESSTA.
Notice
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