NYC Announces Vaccine Mandate for Private Employers

At a Glance

• On December 15, 2021, New York City released guidance on the private employer mandated scheduled to go into effect on December 27, 2021.
• Workers in NYC must show proof of at least one dose by December 27th and have 45 days to show proof of a second dose (for those received a 2-dose vaccination).
• Employers must verify and maintain and record of each worker's proof of vaccination.
• The guidance includes a copy of the Order, a set a FAQs, and guidance on equitable implementation and accommodations for workers.

Vaccine Mandate for Private Employers

Beginning December 27, workers in New York City who perform in-person work or interact with the public in the course of business must show proof they have received at least one dose of a COVID-19 vaccine. Workers will then have 45 days to show proof of their second dose (for Pfizer or Moderna vaccines).

Businesses may not allow any unvaccinated workers to come to their workplace. A workplace is considered any location, including a vehicle, where you work in the presence of at least one other person.

A “worker” means a full- or part-time staff member, employer, employee, intern, volunteer or contractor of a covered entity. A “worker” is not:

• Someone who only ever enters your workplace for a quick and limited purpose
• A performing artist or athlete who is not required to be vaccinated per the Key to NYC program

Businesses must verify and keep a record of each worker’s proof of vaccination by December 27.

There are three options for how businesses can meet this requirement:

1. A worker’s record can be a copy of their proof of vaccination or a record of a reasonable
   accommodation with supporting documentation.
2. Businesses can create their own paper or electronic record that includes the following information for each worker:
   • Worker’s name
   • Whether the worker is fully vaccinated
   • For workers who submitted proof of the first dose of a two-dose vaccine, the date by which they can provide proof of a second dose (no later than 45 days after submitting proof of the first dose)
   • Record of reasonable accommodation with supporting documentation
3. Businesses may check each worker’s proof of vaccination before they enter the workplace
   each day. They must keep a record of each verification.

Non-employee workers, such as contractors, must provide vaccination proof to their employers. Businesses may request that a contractor’s employer confirm proof of vaccination. Businesses must then keep a log of these requests and the confirmations they receive.

By December 27, businesses must complete the below certificate affirming they are in compliance with this requirement and post it in a public place.

Affirmation of Compliance with Workplace Vaccination Requirements

Next Steps

Employers in New York City should begin to prepare to comply with the new mandate. Additional information about the NCY mandate can be found on the City's website.

Thank you for choosing Paylocity as your Payroll Tax and HCM partner. This information is provided as a courtesy, may change, and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney or Advisor.