NYC Vaccine Mandate – Here’s What Employers Need to Know

Beginning on December 27, 2021, businesses must require that all individuals who perform in-person work or interact with members of the public in New York City, provide proof of vaccination against Covid-19.

  • Workers must provide proof of receiving at least one dose prior to December 27, 2021, or request an accommodation.
    Workers will need to show proof of a second dose within 45 days.

New York City has provided accommodations guidance for employers to use during this process.

Beginning on December 27, 2021, employers may not allow any individual who has not been vaccinated into their workplace, except for a quick and limited purpose, such as dropping something off or using the restroom.

  • A workplace is defined as any place work is performed in the presence of another worker, which includes vehicles.
    Employers do not need to terminate employees who are not vaccinated if they can perform work remotely.

Employers must verify and maintain records of every employee’s proof of vaccination. Employers can fulfill this requirement by maintaining:

  • A copy of the employee’s proof of vaccination or a record of their request for accommodation and supporting documentation;
  • The business’s own record, including the following information for every employee:
    • Name;
    • Whether fully vaccinated;
    • Or the date by which they will provide proof of a second vaccine dose; and
    • Record of any accommodation request and supporting documentation; or
  • Checking proof of vaccination every day that an employee enters the workplace and maintaining record of every verification.

For non-employees entering the workplace, such as contractors, businesses may request proof of vaccination from the individual’s employer, and must maintain record of the request and confirmation received.

Forms of acceptable proof of vaccination include:

  • CDC vaccination card (including digital photo or photocopy)
  • NYC vaccination record or other immunization record
  • NYC Covid Safe App
  • CLEAR Health Pass
  • Excelsior Pass

New York City has provided a form “Affirmation of Compliance,” which must be completed and displayed in a public location before December 27, 2021.

  • All records relating to this mandate, including requests for accommodation, must be maintained and available for inspection.
  • Failure to maintain records can subject businesses to fines of up to $1,000 and a failure to comply with this mandate can result in significant additional penalties.

Inspectors will begin enforcing this mandate on December 27, 2021.

CLICK HERE to read HDRB&B’s prior Employment Law Alert detailing employer’s requirements to comply with the HERO Act.

We are here to help. If you have questions about this new workplace requirement, or any other employment related issue, please contact a member of the HDRB&B Employment Group: Heather Adelman or Maralee Sanders.

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