Employees in New York State may take up to four hours off from work, with pay, to get vaccinated for COVID-19. The law adds section 196-c to the New York Labor Law. Although Cornell had already been providing paid time off up to 4 hours away from regularly scheduled work for this purpose, the following clarifies our practices and complies with this new law:
- Employees will be provided up to four hours of paid time off to be vaccinated for COVID-19. This time off applies for each injection, including booster injections.
- Covered individuals include anyone who receives an IRS Form W-2 from the University, e.g., full and part-time regular employees, hourly student employees, graduate assistantship appointments, temporary employees and casuals.
- The paid time off is provided only for hours that cut across the individual’s regularly scheduled workday/shift.
- Supervisors, if deemed appropriate after consulting with local HR, may request proof of the vaccine appointment from the individual.
- Individuals in non-exempt positions should record the use of this paid time off in Workday as regular time.
- Individuals may not be discriminated against or retaliated against for requesting or using this paid time off to be vaccinated for COVID-19.
- This takes effect immediately and expires on Dec. 31, 2022.
When employees are scheduled but not available to work, they are expected to record HAP and vacation time in accordance with university policies.
Exempt employees who are regularly unavailable to work during their workday (for childcare or other reasons) are instructed to record HAP/Vacation in increments of 1 hour or more. Infrequent absences should continue to be recorded in .5 day and full day increments.
*Also applies to academic employees who accrue vacation and HAP
To support university efforts to apply for the Employee Retention Tax Credit, if an employee, exempt or non-exempt, is available to work but their work cannot be performed remotely, supervisors should instruct such employees to record their time as described below:
- Non-exempt employees are instructed to record idle hours in Workday Time Off using the code of “Hours Not Worked - COVID-19”. You will be paid your full rate for these hours under separate earnings in your paycheck.
- Exempt employees are instructed to record idle hours using the Workday Time Off functionality and selecting the time off plan of “Time Not Worked - COVID-19”. This time off may be recorded in half day, whole day or less than half day increments to accurately reflect idle time.
Also see the quick reference aid for employees: Recording Time or Hours Not Worked COVID-19
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