When must large employers provide PTO under OSHA’s vaccine rules?

Q         We are a private employer with more than 100 employees, so we are trying to comply with the Occupational Safety and Health Administration’s new emergency temporary standard (ETS), which calls for COVID-19 vaccines and/or weekly testing. When it comes to getting the shots, when and how much paid time off (PTO) are we required to give employees?

A   The ETS has two provisions addressing PTO. First, for employees who need to obtain a vaccination during work hours, the rule says you must provide up to four hours of paid time, including travel time, at the individual’s regular pay rate. You aren’t required to pay if the employee is vaccinated outside of work hours, and the PTO is separate from any other leave the individual has accrued.

If more than four hours are needed to receive the primary vaccination doses, the employee may use other available leave time to cover the additional time that would otherwise be unpaid. You may not terminate employees if they use a reasonable amount of time to get the primary doses.

COVID-19 vaccine side effects. Second, you also must provide reasonable time off and paid sick leave for employees who obtained a vaccination and experienced a side effect. If your company uses a combined PTO method, you may require employees to use that leave when recovering. If you offer multiple types of leave (e.g., vacation and sick), you can direct them only to use sick leave.