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21 Dec

December 2021: New York City Council Passes Covid-19 Child Vaccination Leave

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Update Applicable to:
All employers in New York City, New York.

What happened?
On November 23, 2021, the New York City Council passed a bill that would amend the City’s Earned Safe and Sick Time Act (ESSTA).

What are the details?
Effective immediately, employers will be required to provide employees who are parents or legal guardians of children under the age of 18 (or an older child who is incapable of self-care because of a mental or physical disability) with an additional four hours of paid leave, per injections, for COVID-19 child vaccinations.

This leave cannot be charged against an employee’s accrual of safe/sick time under State or City law.

Employers may be subject to penalties for failing to provide Child Vaccination Leave.  For each instance of Child Vaccination Leave taken by an employee but not compensated by the employer, the employee may be awarded three times the wages that should have been paid or $250, whichever is greater.  Additionally, the employee may be entitled to $500 for each instance when the employer denies Child Vaccination Leave to which the employee was entitled or charges such time against the employee’s paid safe or sick time accruals.

The bill would expire and be deemed repealed on December 31, 2022.

For more information, please see the links below:



Article 1Article 2

What do employers need to do?
Employers should review the links above and make immediate adjustments to their Paid Sick Leave policies.