Guidance for NYC Employers on the Latest Vaccine Mandate

The New York City Commissioner of Health has recently ordered that employers ensure that by December 27, 2021 they receive proof of vaccination against COVID-19 from all of their in-person workers (whether part-time or full-time).  This means that employers must obtain documentation that at least two weeks have passed since a worker received a vaccination of one dose in a single-dose series or the second dose in a two-dose series.  The new Order does not require workers to receive booster shots--for now.  

A workplace is defined as “any place where work is performed in the presence of another worker, or a member of the public.” And self-employed individuals are also covered by the law if they interact with the public in the course of their work.   Workers who have only received one shot in a two-dose series have 45 days from December 27 to provide proof of having received a second dose, after which employers must exclude them from the workplace until proof of a second dose has been furnished.  Employers must affirm compliance with the Order by December 27, 2021 by signing a one-page Department of Health and Mental Hygiene attestation notice and posting it in a conspicuous location at their workplace.   Employers must also maintain a record of each worker’s proof of vaccination by: (a) keeping a copy of their proof of vaccination, or (b) creating their own paper or electronic record that includes each worker’s name, vaccination status, and if a worker submitted proof of only one dose of a two-dose vaccine, the date that the second dose (which must be within 45 days after proof of first dose) will be provided.

If the employer grants any worker a reasonable religious or medical accommodation, the employer must maintain a record of:

• All workers who were granted a reasonable accommodation
• The date of the accommodation,
• The basis for granting the accommodation, and
• Any supporting documentation the worker provided when requesting the accommodation.

If an employer hires a non–employee worker, for example, a contractor, it must keep a record indicating that it requested and received confirmation from the contractor’s employer verifying the contractor’s vaccination status.

It is highly recommended that employers comply with the Order as inspectors from various New York City agencies will begin enforcing the order on December 27, 2021. A failure to comply can subject an employer to an initial penalty of $1,000, with increasing penalties thereafter.