According to guidance, workers in New York who perform in-person work for private employers are required to provide proof that they received at least one dose of the COVID-19 vaccine. If the vaccine requires two doses, employees will then have 45 days to submit proof of their second dose. Employers may not allow any unvaccinated workers to come to their workplace, defined as “any location — including a vehicle — where you work in the presence of at least one other person”.

Employers must verify each worker’s proof of vaccination. Employers can create their own paper or electronic record that includes the necessary information for each worker (name, whether is fully vaccinated, the date by which they can provide proof of a second dose or the record of reasonable accommodation with supporting documentation) or check each worker’s proof of vaccination before they enter the workplace each day, keeping a record of each verification. The records must be kept confidential and be available for inspection upon request by a city agency.

The new requirement covers all employees, including full-time workers, part-time workers, interns, volunteers, and contractors. The only exemptions from the mandate are the following:

• employees working remotely;
• employees entering the workplace for a “quick and limited purpose”;
• performing artists or athletes who are not required to be vaccinated pursuant to the Key to NYC program; and
• employees who have been granted a reasonable accommodation. Reasonable accommodations may be granted due to disability, pregnancy, childbirth, lactation, religious beliefs or observances, or status as a victim of domestic violence, stalking or a sex offense that prevents them from being vaccinated. All reasonable accommodation requests had to be submitted by 27 December 27 2021. Employers may permit those employees to continue coming to the workplace but NYC’s agencies maintain the right to review reasonable accommodation records to ensure employers are “handling requests promptly and appropriately.” The City has provided employers with specific guidance on how to handle accommodation requests.

It is important to underline that, as it stands, if an employee refuses to comply with the vaccine mandate, the guidelines require only that employers deny the employee entry into the physical workplace, while employers have discretion to discipline and/or terminate the employment of noncompliant employees or to permit them to continue to work remotely.

This is in contrast to other countries, such as Italy for example, where, to date, the decision not to vaccinate is expressly excluded by law as a cause of disciplinary sanctions.

Businesses that fail to comply with the new mandate are subject to a $1,000 fine and “escalating penalties thereafter if violations persist.”