New York State Announces COVID-19 Vaccination Mandate For Healthcare Workers – Coronavirus (COVID-19)

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New York State Announces COVID-19 Mandate For Medical Workers

August 19, 2021

Proskauer Rose LLP

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New York Governor Andrew Cuomo has announced that all health care workers in New York state must receive at least one dose of a COVID-19 vaccine by September 27, 2021. The mandate includes staff in hospitals and long-term care facilities, including nursing homes, adult care and other community care facilities. In conjunction with this announcement, the New York State Department of Health will issue Section 16 orders that require all hospitals, long-term care facilities and nursing homes to develop and implement a policy that requires employee vaccinations.

In accordance with EEOC guidelines as well as New York State and New York City human rights laws requiring employers to consider the possibility of reasonable adjustments to mandatory vaccination guidelines based on disability or sincere religious beliefs, the announcement confirms that “limited exemptions” [will be made] for people for religious or medical reasons “because they are not vaccinated.

The announcement also suggests that more mandates may be imminent. Specifically, the announcement says: “[the
governor has] urged private companies to introduce vaccination-only admissions policies and school districts to require teachers to be vaccinated. Neither will happen without government mandating the measures – private companies will not enforce a vaccine mandate unless mandated by law, and local school districts will be reluctant to make these challenging decisions without legal direction.

This update follows earlier announcements by Governor Cuomo that MTA and Port Authority employees, as well as government employees and patient-exposed employees in government hospitals, must be vaccinated against COVID-19 by Labor Day. New York City has also issued a mandate requiring guests and workers of indoor restaurants, indoor fitness and indoor entertainment venues to receive at least one dose of a COVID-19 vaccine from August 17, 2021.

Healthcare employers taking steps to comply with the new mandate are reminded that under Section 196-c of the New York State Labor Act, employers are required to give workers up to four hours for each COVID-19 vaccine injection they receive to grant paid leave. at the regular wage of the employee. In addition, the OSHA Preliminary Emergency Standard, issued June 21, 2021, requires that insured employers in work environments where workers provide health care or healthcare support services “support the COVID-19 vaccination for every worker by giving each worker adequate time and paid leave to employees for vaccination and any side effects that occurred after vaccination. “

Further guidance on this mandate, including penalties for unvaccinated workers, is expected to follow.

New York State Announces COVID-19 Mandate For Medical Workers

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