On December 6, 2021, the NYC mayor announced a private-sector worker vaccine mandate which takes effect on December 27th, 2021. Details are limited, but we’ve summarized what we do know below.

The announcement also includes other expansions of the “Key to NYC” program which is not discussed in this article.  For more information, click here.

What is it?  A vaccine mandate for the private-sector workforce.

When is the mandate effective? On December 27, all private-sector employees must have received one dose of COVID-19 vaccine in order to be present at a NYC workplace.

What we know now:

  • The Mayor has indicated it will apply to in-person employees.
  • The Mayor also indicated there will not be a weekly testing option.
  • The City will issue additional enforcement details, reasonable accommodation guidance, and resources to support small businesses with implementation on December 15.
  • The mandate is slated to take effect just before Mayor de Blasio leaves office.
  • There’s been at least one threat of a lawsuit.

Who must comply? Employers that employ workers at an in-person NYC workplace.

When will we know more? Specific rules and additional guidance will be released no later than December 15, 2021.

What can employers do now? It’s prudent for an employer to be in the best position to comply. This might include considering your current vaccine tracking system or whether you need to implement one; as well as whether you may be facing a staff shortage on December 27. An employer should also put together a plan to handle reasonable accommodations.

Stay tuned for more information as we await the specific rules by December 15, 2021.

Written by: Michelle Cammayo

IMA will continue to monitor regulator guidance and offer meaningful, practical, timely information.

This material should not be considered as a substitute for legal, tax and/or actuarial advice. Contact the appropriate professional counsel for such matters. These materials are not exhaustive and are subject to possible changes in applicable laws, rules, and regulations and their interpretations.