Key to NYC Vaccine Requirement for Employers


As of December 27th, 2021, 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).


As part of the executive order, employers may not allow 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.


Below are the three ways in which an employer can meet the requirement to verify proof of vaccination:


1) A record can be a copy of their proof of vaccination or a record of a reasonable accommodation with supporting documentation; or

2) Employers can create their own paper/electronic record that includes:

a. Worker’s name

b. Vaccination status (either fully or single-dose + timing of the second dose) or record or a reasonable accommodation; or

3) Employers may check each worker’s proof of vaccination before they enter the workplace each day (and must keep a record of each verification).


Further, please see below the instances where the vaccination requirement does not apply:

  • Individuals who work alone – at home or otherwise – and do not have in-person contact with others in the course of their business.

  • Individuals who enter a workplace briefly and for a limited purpose, such as but not limited to: using the bathroom, making a photocopy, or picking up mail.

  • Non-NYC resident performing artists, college or professional athletes (or anybody accompanying them).

  • Individuals who request reasonable accommodations for medical or religious reasons.

As noted above, if a worker is granted this accommodation, the employer must keep and maintain a record of the basis for the accommodation and its supporting documentation (see guidelines here: Vaccination Workplace Accommodations. Key to NYC Assets).


For more information about how this executive order impacts those who work and live in NYC and best practices for maintaining these documents, please refer to the link here [Key to NYC Homepage] or reach out to Kiwi Partners' HR Services.