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Definitions
FAQ regarding New York City Employees and the
COVID-19 Vaccine
Rehire: Refers to the process to be taken for former employees to become active employees
after termination. All former employees referenced in this document are eligible for rehire by a
city agency.
Reinstatement: Refers to reappointment to the former civil service title held by the employee.
Vaccine Mandate Details
1. What is the Vaccine Mandate?
Since November 1, 2021, City employees have been required to submit proof that they
have received the primary series of the COVID-19 vaccine, per a series of
Commissioner of Health Orders. The COVID-19 vaccine requirement applied to
current city and DOE employees, nonpublic school staff, early childcare and daycare
staff, prospective City employees, as well as visitors to Department of Education
(DOE) school buildings.
The Executive Orders 75 and 76 mandating that all new City employees be vaccinated.
On February 6, 2023, Mayor Adams announced the City’s decision to rescind its
vaccine mandate. As of February 10, 2023, the COVID-19 vaccine is optional for
current and prospective City employees. The November 1, 2021 order is
repealed under the BOH order of February 9, 2023. EO 25 rescinded EO 75 and
76.
As of February 10, 2023, agencies should no longer include the vaccination
requirement wording in job postings and should no longer ask for proof of vaccination
when onboarding. For current open job postings, agencies will receive guidance from
DCAS.
Employees who Resigned/Retired
1. Are employees who resigned or retired around the time the vaccine requirement was
implemented eligible to be reinstated?
Agencies should follow the Personnel Rules of the City of New York concerning
reinstatement of permanent, competitive or labor class employees who have resigned
or retired. Agency personnel officers should work with DCAS to reinstate these
employees.
Represented employees who resigned or retired after signing the waiver regarding
their return are not eligible for reinstatement or rehire.
Employees who executed the Extended LWOP waivers are permitted to seek
reinstatement.
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Terminated Employees
1. Are employees who were terminated due to their failure to comply with the
vaccination mandate eligible to be reinstated?
A. Permanent Competitive and Labor Class employees:
• Includes employees who have completed a probationary term in a
permanent position in the competitive or labor class, including uniformed
employees.
• These employees are eligible for reinstatement if the employee submits a
request for reinstatement via email or otherwise in writing, within one year
of their date of dismissal.
o Employees who were terminated effective February 11, 2022, may
submit requests for reinstatement to their former agency by March
10
th
, 2023. All other requests must be made within one year of the
termination date.
o Agencies may take into consideration if an employee had previously
requested reinstatement, prior to the Mayor’s February 6, 2023
announcement.
• Process:
o Former employee requests reinstatement from their agency within
the one year timeframe.
o Agency reviews request and determines if there is a vacancy
available and whether to rehire.
The decision to reinstate a terminated employee is
discretionary.
The agency may reinstate the applicant if it determines that
the reasons provided have merit.
The analysis should involve a review of all relevant,
specific facts and circumstances pertaining to the
applicant.
This may include a review of the applicant’s
documented work performance, including
performance evaluations, disciplinary history,
compliance with the agency’s time and leave
requirements and compliance with the City’s EEO
policies.
o If applicable, former employee is instructed to apply for vacant
position, following the standard agency hiring process.
o Former employee must agree to waive back pay, civil service rights,
in writing.
o Former employee is onboarded and agency works with DCAS to
reinstate employee to civil service title.
B. All other employees:
• Includes probationary, provisional and non-competitive employees.
• These employees are not eligible to be reinstated to their former titles.
However, as EO75 and 76 have been rescinded, they may apply to any
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open City position without needing to show proof of vaccination.
2. What are the terms of reinstatement?
A. Permanent Competitive and Labor Class employees:
• These employees are eligible for reinstatement if the employee submits a
request for reinstatement via email or otherwise in writing, within one year
of their date of dismissal.
• No Break in service
• Entitled to full seniority
• No change to salary
• Title entry date: Does not change
• City start date: Does not change
B. Probationary employees:
• These employees are not eligible for reinstatement.
• These employees are eligible to be rehired.
• These employees may request restoration to the civil service list, if still in
existence
o If appointed to the same agency and same title from the list, the
previously served probationary term counts towards the completion
of the probationary period.
o If appointed to a new agency, employee will be required to serve the
full term probationary period, unless the agency head elects to credit
such person with the time therefore served.
o New title entry date
o New City start date
o New seniority
C. All other employees- Includes provisional, non-competitive
• These employees are not eligible for reinstatement.
• These employees are eligible to be rehired:
o If break in service of more than 31 calendar days:
New title entry date: This date would reflect their rehire date
in the title they are rehired in.
New City start date.
3. Are employees who were terminated for failure to comply with the vaccine mandate
eligible for rehire?
Yes, employees who were terminated due to the vaccine mandate are eligible for rehire
by any City agency, with the understanding they meet all conditions for employment in the
rehire position and haven’t otherwise signed a waiver indicating they will not return.
However, any rehire of any former employee is up to the discretion of the agency head.
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Face Coverings
1. Do all employees and visitors have to wear a face covering?
Every City employee able to medically tolerate a face covering still must wear a face
covering that covers the employee’s mouth and nose during days 6 to 10 after infection
with COVID-19 upon returning to the work site.
2. Do employees with shortened quarantine periods have to increase their mask
protection?
Yes. The employee must be able to consistently and correctly wear a well-fitting face
mask, a higher-level mask such as a KN95, or a fit-tested N95 respirator while at work
from day 6 to day 10. The mask should fit with no air gaps around the edges.
3. If an employee has a Reasonable Accommodation because they are medically
unable to tolerate a face covering, are they subject to a shortened quarantine
period?
Employees with a Reasonable Accommodation because they are unable to medically
tolerate a face covering are subject to the 10 day quarantine period.
Reasonable Accommodations
1. What if an employee has been granted a reasonable accommodation to be exempt
from the COVID-19 vaccine mandate?
Effective February 10, 2023, unvaccinated employees are no longer required to submit to
weekly PCR testing or wear a face mask, except in circumstances outlined in the
Commissioner’s Directive 2020-1. EEO Officers should notify individuals who have a
vaccine exemption reasonable accommodation that the accommodation is no longer
necessary and ends effective February 10, 2023.
2. What if a current or prospective employee has a pending reasonable
accommodation request seeking to be exempt from the COVID-19 vaccine
requirement?
Effective February 10, 2023, agency EEO Offices will deny these reasonable
accommodation requests as moot since the COVID-19 vaccination is no longer required.
3. Some employees with serious health issues are working from home as a reasonable
accommodation because of a high-risk workplace environment due to COVID-19. Do
their reasonable accommodations end?
No, their reasonable accommodations do not automatically end as a result of the new
policy. Their reasonable accommodations will continue to be evaluated and reassessed on
a case-by-case basis.
4. What happens to employees who do not currently have reasonable
accommodations or their reasonable accommodations were declined because it
was assumed that everyone at the office was vaccinated?
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Employees are able to apply for a reasonable accommodation with their EEO Office at any
time and they will be assessed on a case-by-case basis.
5. What if employees resigned because their reasonable accommodations were
denied? What should they do if they want to work for the city again?
These employees will be subject to the same policy as any other employees who resigned
from city employment or were terminated as a result of their failure to comply with the
vaccine mandated.
Policies Still in Effect
1. What other COVID-19 related policies are still in effect?
• The COVID-19 Leave Policy is still in effect.
• Leave Policy for Employees to Get Vaccinated is still in effect.
• Leave Policy to Accompany Children to Get Vaccinated is still in effect.
• Commissioner’s Directive 2020-1 on Face Coverings.
• The City’s COVID-19 Emergency Order (Emergency Executive Order 323) is
still in effect, governing the City’s authority to maintain open meeting laws, and
open restaurants, and apply for COVID-19 FEMA reimbursement.
Where can I find…
• Vaccination sites: www.nyc.gov/vaccinefinder
• Vaccination appointments: https://vax4nyc.nyc.gov/patient/s/ and 877-VAX-4-NYC
• How to schedule an at home vaccine appointment: www.nyc.gov/homevaccine and 877-
VAX-4-NYC
• Free COVID-19 Testing and Treatment:www.nyc.gov/covidtest
• COVID-19 Test Site Finder: https://maps.nyc.gov/covid-testing/#/ A doctor or nurse to
talk with about my vaccination concerns: call 311 and ask to talk to a clinician about
COVID-19 vaccination
• Assistance for New Yorkers experiencing Long COVID: www.nyc.gov/aftercare
