Across the private and public sector, New York City has mandated that as of December 27, 2021, all employees who work in industries that service the public must be vaccinated. Employers are now tasked with the responsibility of confirming that all their employees are fully vaccinated and to record and maintain documentation attesting to the same.
The requirements for the employer are as follows:
- Proof of vaccination, (copy of the vaccination card) from each employee or a detailed exemption from an employee;
- Maintain a worksheet, which would include the employee’s name, information of whether the employee is fully vaccinated (proof of first and second dose, the date of the upcoming second dose if not already completed), or a record outlining a reasonable accommodation with supporting documentation for said employee. .
As indicated above, an employee may be exempt from the vaccination under two scenarios: religious beliefs or a disability. The employer must make sure that if the employee is seeking those exemptions the employee must provide documentation supporting their claim. Documentation has to be provided to the employer and left in the employees’ file as a result. Such documentation may include a letter from the employee’s physician or from their religious clergy, along with a form completed by the employee regarding the exemption.
Once all of the above information is gathered, the employer will then have to provide proof of adherence to this new mandate by filling out an affirmation form which is attached here. Employers must have this completed in an expedient manner and be prepared to present the affirmations to the City of New York, if requested. For any employee who does not want to get vaccinated, and there is no legal exemption, then it is up to the employer to ensure that their business is in compliance with this new mandate.
Employers may consider providing an internal memo to all employees requesting the above information to ensure that they are in compliance. For any further questions, employers can visit this website or speak to their attorney for more information.