New York City Employers: New Vaccination Requirement

As expected, new guidance has now been released related to Mayor Bill de Blasio’s recent Order requiring New York City employees to provide proof of vaccination to their employers.

As of December 27, all employees of private businesses in New York City will need to provide proof of at least one dose of the COVID-19 vaccine.  By this date, businesses will be required to verify and keep record of each employee’s proof of vaccination.  Anyone who cannot provide proof of vaccination will not be allowed entry to the workplace, unless an exception exists.

Process for Verifying Vaccination Status

Employers can meet this requirement in one of three ways:

• Making a copy of, or taking a picture of, each employee’s proof of vaccination
• Creating its own paper or electronic record which must include the following information:
  • Employee’s name
  • Whether employee is fully vaccinated
  • If employee submits proof of first dose of a two-dose vaccine, the date must be recorded by which they will need to provide proof of a second dose (no later than 45 days after submission of the initial dose)
  • Record of reasonable accommodation with supporting documentation, if applicable
• Employers may elect to verify each worker’s proof of vaccination before they enter the workplace each day and keep a record of each verification

Companies that have contractors working onsite may request the contractors’ employer provide the proof of vaccination, and must keep a similar record of these requests and confirmations.

Exceptions to the vaccine requirement may be made for the following individuals:

• Employees who work alone, either at home or elsewhere, who do not have in-person contact with co-workers or others during the course of business
• Individuals entering the workplace for brief limited periods of time, such as to use a restroom or make a delivery
• Individuals who have received an approved request for a reasonable accommodation due to a medical reason or sincerely held religious belief

Reasonable Accommodations

Employers who have approved any requests for reasonable accommodation due to medical reasons or a sincerely held religious belief will need to maintain a record of the date the accommodation was granted, the basis for doing so, and any supporting documentation provided by the employee.

Any new requests for reasonable accommodation must be made prior to December 27, at which time employers may allow the worker to continue coming to the workplace while the request is pending.

Additional information on the process for reviewing accommodation requests can be found here.

Additional Compliance Obligations

Employers should remember to maintain records of vaccination in a secure manner to ensure privacy and security of the information.

By December 27, all businesses will need to complete this certificate to affirm compliance with the requirement and post it in a public area of each workspace in New York City.

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