On November 23, 2021, the New York City Council passed a bill requiring New York City employers to provide employees who are parents or legal guardians of a child with four hours of paid COVID-19 child vaccination time, per injection and per child (“Child Vaccination Leave”). The bill amends New York City’s Earned Sick and Safe Time Act, and is currently awaiting Mayor de Blasio’s signature. The legislation is retroactive to November 2, 2021 when the Centers for Disease Control and Prevention voted to authorize the Pfizer-BioNTech vaccine for use in children aged 5 to 11 years old.
An employee who is a parent may use Child Vaccination Leave to either: (i) accompany the child to get a COVID-19 vaccine injection; or (ii) care for their child who is experiencing temporary side effects from vaccination. To be eligible, the employee’s child must be under 18, or a child of any age who is incapable of self-care because of a mental or physical disability. Child Vaccination Leave is in addition to any existing sick leave provided to the employee, as well as any leave to which the employee is entitled under New York law for their own COVID-19 vaccinations.
Employers cannot require covered employees to work additional hours to make up for the time missed, or find a replacement to cover their shifts. However, employers may require up to seven days of “reasonable notice” of the need to use Child Vaccination Leave if such need is foreseeable. An employer can request reasonable...
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