Keeping Up With New York's New Employment Laws

• Published in: Employee Benefit Plan Review 2022-03, Vol.76 (3), p.9-11
• Main Authors: Brochin, Heather Weine, Bissinger, Michael T, Fetner, Howard, Efiom, Trisha
• Format: Article
• Language: English
• Subjects: COVID-19 vaccines; Employees; Employers; Employment; Extortion; Immunization; Labor law
• ISSN: 0013-6808

Guidance from the New York Department of Labor requires that employers provide eligible employees up to three leaves under the COVID19 Sick Leave Law, though employees seeking to take leave for the second or third time must quarantine as a result of a positive COVID-19 test.1 COVID-19 Vaccination Leave Employers must provide employees with up to four hours of paid leave to receive each injection of the COVID-19 vaccine. [...]employees who receive a two-dose vaccine are entitled to up to eight hours of paid time off. The amended statute protects employees even if they are acting outside the scope of their job duties. [...]employers are prohibited from taking adverse action against an employee who discloses or threatens to disclose an activity, policy or practice that the employee reasonably believes is in violation of a law, rule or regulation, even if there is no actual violation. The MRTA prohibits employers from taking an adverse employment action against an applicant or employee for using cannabis outside of the workplace, outside of work hours, and without use of the employer's equipment or property.8 Under the MRTA, employers may take an employment action related to an employee's use of cannabis if (1) the employer's action is required by state or federal statute or regulation, (2) the employer would lose a federal contract or federal funding, or (3) the employee manifests articulable symptoms of impairment while working that decrease or lessen the employee's performance of duties or interfere with the employer's obligation to provide a safe and healthy workplace. Beginning on January 1, 2023, employees may take leave under the New York Paid Family Leave Law to care for a sibling, including biological, adopted, step- and half-siblings.11 New York City Updates Paid COVID-19 Child Vaccination Leave On December 24, 2021, New York City enacted a law that amends the New York City Earned Safe and Sick Time Act by allowing employees who are parents to take paid time off to accompany their children when they receive COVID-19 vaccinations and to care for their children if they experience side effects from a COVID19 vaccination.