Seyfarth Synopsis:
As
expected, on Friday, March 12, 2021, Governor Andrew Cuomo signed
New York State s COVID-19 Vaccine Paid Leave Bill into law. The
law took immediate effect and will expire on December 31,
2022.
On March 12, Governor Cuomo
signed legislation granting public and private employees
up to 4 hours of paid leave per COVID-19 vaccine injection. As
reported in our prior
alert, it is not clear whether the bill, which took effect
immediately, will be retroactively effective for those employees
who received a COVID-19 vaccine before March 12, 2021. It is also
not clear whether, if COVID-19 vaccine paid leave does have
retroactive effect, how employers should handle other paid time off
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The Westchester County Human Rights Commission (the Commission ) has announced that the county s Earned Sick Leave Law, which went into effect on April 10, 2019, has been
preempted by New York s Paid Sick Leave Law ( Law or PSLL ), which took effect on September 30, 2020.
Westchester County s law had required that eligible employees
accrue one hour of sick time for every 30 hours worked, up to a
maximum of 40 hours per year.
As we previously covered, the PSLL applies to
all private employers and employees in New York State, and requires
The Westchester County Human Rights Commission announced that the county’s Earned Sick Leave Law, which went into effect on April 10, 2019, has been preempted by New York’s Paid Sick Leave Law which took effect on September 30, 2020.
new regulations implementing the New Jersey ESLL, which requires employers to provide up to 40 hours of paid sick leave per benefit year for an employee’s or their family member’s mental or physical illness, and other various reasons (see our previous
new law and regulations prohibiting employers from taking any adverse employment action against employees who, during the COVID-19-related Public Health Emergency and State of Emergency declared by Governor Phil Murphy, take or request time off due to an infectious disease that could affect others at work based on a written recommendation of a New Jersey licensed medical professional (see our previous blog posts here and here);
, which would “establish[] rules and regulations for Sick Leave as set forth by . . . the [NYLL]” if and when adopted. While the Department has yet to formally publish notice of the Proposed Regulations in the New York Administrative Register and commence the comment period, here are the highlights from the Proposed Regulations posted on the NYDOL website.
Documentation: Unlike the NYSPSL law and non-binding administrative guidance, the Proposed Regulations contain provisions on an employer’s ability to “require medical or other verification in connection with sick leave.”
Length of Absence Required: Specifically, such verification may
not be requested for PSL use that is less than three consecutive previously scheduled workdays or shifts. Said another way, the verification can