Friday, May 21, 2021

Is My Employer Required by Federal or State Laws to Give Me Paid Leave or Paid Time Off If I Get a Covid-19 Coronavirus Vaccine?

COVID-19 Vaccine Shot
No Right to Paid Leave for Most Employees Getting Coronavirus Vaccine in USA

Unless You Are Employed in New York State, Employees Are Not Entitled Under State or Federal law to Paid Leave When Getting a Coronavirus Vaccine Shot

Our research has disclosed that, other than in the state of New York, there are no state or federal laws mandating that employers pay employees for time off of work needed to get a vaccine shot, or to recover from any side-effects after getting a shot.  In New York, most employers are required to provide employees with 4 hours of paid leave if they go for a vaccine shot, as per a bill passed Governor Cuomo in March 2021

Massachusetts Legislature Rejects Governor Baker's Call for Mandatory Paid Leave 

Massachusetts' legislature recently rejected Governor Baker’s paid lead proposal in favor of tax credit program. Otherwise, we have not seen much to suggest that states have an appetite to pass vaccine-related paid leave laws.

Federal Government Offers Tax Incentives to Employees Who Need Time Off for Coronavirus Vaccines

On April 21, 2021, President Biden announced that most employers that provide paid leave to employees who need time off of work to get vaccinated, or to recover from same, will be entitled to a tax credit. 

Here is an excerpt from the Fact Sheet explaining the announcement:

A Tax Credit for Small- and Medium-sized Businesses to Fully Offset the Cost of Paid Leave for Employees to Get Vaccinated and Recover from Any After-Effects of Vaccination. Thanks to President Biden’s American Rescue Plan, a paid leave tax credit will offset the cost for businesses and nonprofits with fewer than 500 employees for up to 80 hours (i.e. 10 work days) up to $511 per day of paid sick leave offered between April 1 and September 30, 2021. This tax credit will allow these employers to provide paid leave for employees to get a COVID-19 vaccination and for any time their employees may need to recover from that vaccination at no cost to the employer. This tax credit will apply to nearly half of all private sector employees in America. Today, the Internal Revenue Service (IRS) released and posted a fact sheet to educate employers on how to claim the paid sick leave credit on their quarterly tax filings. For more details on how the paid leave tax credits from the American Rescue Plan will work for employers to enable employees to get vaccinated and recover from after-effects of vaccination, as well as for other purposes, please consult this snapshot from the Department of the Treasury.

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You May Find Some of These Articles Worthwhile! 

EEOC: It is Legal for Employers to Require Covid-19Vaccines of All Employees Who Enter the Workplace - Covid Vaccination Requirement at Work Not Illegal 

Covid Case of the Week: Carter v. Gardaworld Security Services - Fed. Judge:  Employee Who Complains About Employer's Lack of Covid Precautions Not Protected Under FFCRA From Retaliatory Termination (Posted June 4, 2021)

Covid Case of the Week: Haney-Fillipone v. Agora Cyber Charter School - Teacher Wins Right to Covid-Based Leave - Private Charter School a "Public Agency" Pursuant to FMLA, Required to Follow FFCRA (Posted May 22, 2021)

Covid Case of the Week Colombe v. SGN, Inc. - Ky. Fed. Judge Finds Registered Nurse is NOT a "Health Care Provider” Under FMLA, Dismisses EPSLA Paid Leave Claim - Retaliation Action Dismissed Accordingly (Posted May 8, 2021) 

Covid Case of the Week - Gomes v. Steere House - RI Fed. Judge Rules Employee’s Failure to Specifically Request Paid Leave Dooms EPSLA Claim, Upholds FMLA Retaliation Claim (Posted May 2, 2021)

Covid Case of the Week - Payne v. Woods Services - Pennsylvania Federal Judge Finds Positive Covid Diagnosis is a "Serious Health Condition" Pursuant to FMLA but Is Not Automatically a "Disability" Under the ADA (Posted April 24, 2021)

How Do the Families First Coronavirus Act ("FFCRA"), the Emergency Paid Sick Leave Act ("EPSLA") and the Fair Labor Standards Act ("FLSA") Work Together? Toro v. Acme Barricades (M.D. Fl. 2021) - Covid-19 Paid Sick Leave and Retaliation Case (Posted April 16, 2021) 

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021) 

2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts? 

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common