Bill Text: NY A04597 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides that if an individual does not have sufficient time outside of his or her scheduled working hours to receive the COVID-19 vaccine, he or she may, without loss of pay for up to two hours, take off so much working time as will enable him or her to receive such vaccine; further provides that such time off must be taken at either the beginning or end of his or her working shift, as the employer may designate, unless otherwise mutually agreed; requires the commissioner of health to determine adequate verification of the receipt of such vaccine; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to labor [A04597 Detail]

Download: New_York-2021-A04597-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4597

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Labor

        AN ACT to amend the labor law, in relation to authorizing employees time
          to receive the COVID-19 vaccine

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The labor law is amended by adding a new section 202-n to
     2  read as follows:
     3    § 202-n. Time allowed employees to receive the COVID-19 vaccine. 1. If
     4  an individual does not have sufficient time outside of his or her sched-
     5  uled working hours to receive the COVID-19 vaccine, he or she may, with-
     6  out loss of pay for up to two hours, take off so much  working  time  as
     7  will  enable  him  or her to receive such vaccine. Such time off must be
     8  taken at either the beginning or end of his or her working shift, as the
     9  employer may designate, unless otherwise mutually agreed.
    10    2. If the employee requires working time off to receive  the  COVID-19
    11  vaccine, the employee shall notify his or her employer not more than ten
    12  nor  less  than four working days before the day of the desired vaccina-
    13  tion that he or she requires time off in accordance with the  provisions
    14  of this section.
    15    3.  Every employer shall post conspicuously in the place of work where
    16  it can be seen as employees come or go to their place of work, a  notice
    17  setting  forth the provisions of this section. Such notice shall be kept
    18  posted until a date determined by the commissioner of health.
    19    4. Upon receipt of the COVID-19 vaccine pursuant to the provisions  of
    20  this  section,  the  employee  shall  provide  his  or her employer with
    21  adequate verification that such employee was administered such  vaccina-
    22  tion  on  such  day  as  requested  pursuant  to subdivision two of this
    23  section. Adequate verification is to be determined by  the  commissioner
    24  of  health  and shall be provided by the employee to his or her employer
    25  not more than ten days after the vaccination.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04467-01-1

        A. 4597                             2

     1    5. If an employee shall fail to fulfill his or her obligations  pursu-
     2  ant to subdivision four of this section, it shall be presumed that he or
     3  she did not receive such COVID-19 vaccine within the agreed-upon working
     4  hours  pursuant  to  subdivision  one of this section, and such employee
     5  shall no longer be entitled to paid time off pursuant to this section.
     6    §  2.  This  act shall take effect on the thirtieth day after it shall
     7  have become a law. Effective immediately, the addition, amendment and/or
     8  repeal of any rule or regulation necessary  for  the  implementation  of
     9  this  act  on its effective date are authorized to be made and completed
    10  on or before such effective date.
feedback