New York Sets New Vaccination Requirements for State Workers, Health Care Staff

State workers in New York will either be required to be vaccinated by Labor Day or undergo weekly testing for COVID-19, Gov. Andrew Cuomo said Wednesday, as the state’s positivity rate for the virus continues to rise amid the Delta variant.

The same option won’t be given to patient-facing workers at state-run hospitals, where those employees will be required to be vaccinated to work those jobs, Cuomo said.

“There’s a choice of doing the political thing, and doing the right thing,” Cuomo said. “I think we need dramatic action to get control of this situation.”

New York is currently working with the state’s public labor unions to make those requirements happen, Cuomo said. The state can’t mandate the same for municipal workers and private hospitals, but Cuomo said he’s encouraging them to follow suit.

“It’s smart, it’s fair, it’s in everyone’s interest,” Cuomo said. “We’re working with our unions to implement this quickly and fairly.”

The announcement prompted mixed reactions from the state's public labor unions, with some saying the requirement wouldn't be an issue, while others said it's not a done deal.

Wayne Spence, president of the Public Employees Federation, said that, while they encourage their members to get vaccinated, the requirement would have worked out between workers and management.

"We agree with other unions that a vaccination mandate must be bargained between labor and management," Spence said. 

"In addition, PEF recognizes that both public and private employers have the right to require COVID testing, but any testing of state employees must not put the health of our members at risk."

The Legislature isn't required to follow Cuomo's vaccine mandate because they're a separately managed branch of state government, but the leaders of both the State Senate and Assembly said Wednesday they would mirror the mandate.

"In light of the recent spike in COVID-19 cases, the Senate will be following all recommended protocols for vaccinations and testing as laid out by the CDC, the Federal and State Government.," said Senate Majority Leader Andrea Stewart-Cousins.

"This will include mandating vaccinations or regular testing for those not vaccinated. We will continue to monitor the situation and make science-based decisions."

The state's third branch of government, the judiciary, also indicated Wednesday that it would implement the same policy for its workers as well.

Cuomo's announcement comes after New York City Mayor Bill de Blasio said this week that city employees would have the same requirement: either get vaccinated against the virus, or agree to weekly testing for COVID-19.

That includes teachers at the city’s public schools — the first district in the state to mandate the vaccine for its staff.

Cuomo said that, if the state’s COVID-19 indicators continue to rise, school districts should consider preventive measures, but didn’t specify which would be appropriate. The state can’t set requirements for local school teachers because they’re municipal employees.

"If the numbers continue to go up, I think school districts have to take a serious look at what they're doing," Cuomo said.

New York is currently battling an uptick in the virus, which has surged in various parts of the state in recent weeks because of the Delta variant, which is considered more transmissible than the original strain.

The state’s COVID-19 positivity rate exceeded 2% this week for the first time since early May, compared to a low of .3% at the end of June.

Cuomo has said that the counties with the highest COVID-19 positivity rates have also reported lower-than-average vaccinate rates, presuming that the spread in those areas is a result of unvaccinated individuals.