New York City Vaccine Mandate on Private Employers

New York City Vaccine Mandate on Private Employers

Effective December 27, 2021, New York City implemented a new mandate on private employers to require all of their employees working within the geographic boundaries of the City to be vaccinated against COVID-19.  Employees must have received their first dose by December 27, 2021, and a second dose (if taking a two-dose vaccine) within 45 days of the first dose.  A worker who has not received a first dose by December 27 or a second dose within 45 days of the first dose must be excluded from the workplace (subject to limited exceptions, as discussed below).  Failure to comply with the vaccine mandate can subject an employer to a $1,000 fine, and penalties escalate for repeat violations. 

Employers may verify workers’ proof of vaccination using one of three options:  (1) making a photocopy or photograph of the vaccination proof; or (2) creating their own paper or electronic records, which must include the following information: (a) the worker’s name; (b) whether the worker is fully vaccinated; and (c) for a worker who submits proof of the first dose of a two-dose vaccine, the date by which the proof of the second dose will be provided; or (3) visually checking each worker’s proof of vaccination before they enter the workplace each day but the employer must keep a record of each such verification.

Primary exceptions to the vaccine mandate include: (1) workers who are granted an exemption and reasonable accommodation by their employer because of a medical disability or sincerely-held religious belief that prevents the employee from being vaccinated; (2) workers that work alone and do not have in-person contact with co-workers or otherwise; and (3) workers that only enter the workplace for a quick and limited purpose.