As previously signed into law earlier this year both New York public and private employers were required to provide their workforces with up to four (4) hours of paid time off to receive the COVID-19 vaccine. The leave is only available for an employee’s own receipt of the COVID-19 vaccine; the leave must be paid at the employee’s regular rate of pay; and other existing leave options available to employees may not be substituted, such as vacation or sick time.
Just recently the New York State Department of Labor published further guidance clarifying the applicability of COVID-19 booster shots under this paid time off. Although the CDC has not yet included booster shots into the definition of “fully vaccinated”, in New York paid leave for COVID-19 vaccination applies to “any COVID-19 vaccination received by an employee, including booster shots”.