New York City has amended its Earned Safe and Sick Time Act (Int. 2448-2021) to allow employees to use paid sick time for COVID-19 child vaccinations. The amendments are retroactive to November 2, 2021, and are set to expire on December 31, 2022.
The Details:
Employers in New York City must provide an employee who is a parent of a child under the age of 18 or the parent of an older child who is incapable of self-care due to a mental or physical disability four hours of paid sick leave to accompany a child to receive a COVID-19 vaccine injection or to care for a child experiencing temporary side effects from a COVID-19 vaccine injection. This time must be granted per vaccine injection and per child.
Note: A parent is defined as biological, foster, step- or adoptive parent, or a legal guardian of a person, or a person who currently stands in place of a parent.
Pay Requirement:
Under the law, employers must pay employees their regular rate of pay (not including tip credits or allowances) for COVID-19 child vaccination time by the next regular payday after an employee uses the COVID-19 vaccination time.
Retroactivity Requirements:
The law is also retroactive for employees who took unpaid time off between November 2, 2021, and December 24, 2021. Employers should compensate their employees for the time spent on any applicable COVID-19 child vaccination no later than the payday for the next regular payroll period beginning after December 24, 2021.
Employee Notification:
Under Int. 2448-2021, employers may require reasonable advance notice, up to seven days prior to using COVID-19 child vaccination time, when the need is foreseeable. Otherwise, employers may require an employee to provide notice as soon as practicable.
Reasonable Documentation:
Employers can also require employees who use Child COVID-19 Vaccination time to provide reasonable documentation within seven days that shows the employee's child received a COVID-19 vaccination.
Prohibited Employers Actions:
The law bans employers from requiring an employee to work extra hours or find a replacement employee due to an absence taken for COVID-19 child vaccination time or from taking adverse actions against employees that use COVID-19 child vaccination time or exercise their rights under Int. 2448-2021.
Enforcement:
An employer who fails to comply could face penalties equal to the greater of three times the wages they should have paid or $250 for each instance they unlawfully compensated an employee for COVID-19 child vaccination time. Employers may also face penalties of $500 for each instance of COVID-19 child vaccination time that they unlawfully deny or charge against an employee's accrued paid safe and sick time.
The law also includes a 60-day phase-in period during which the Department of Consumer and Worker Protection will provide a written notice to non-compliant employers. Non-compliant employers will then have 15 days to ensure compliance before facing penalties.
Next Steps:
New York employers should review their time-off policies, time and attendance records, forms, and practices. They should also train their supervisors to ensure compliance with Int. 2448-2021 and refer to legal counsel with implementation inquiries. Please contact your dedicated service professional with any questions.