It is hard to believe it was less than a year ago we were discussing the announcement of the COVID-19 vaccine and everyone over the age of 16 being eligible. Vaccine mandates have been issued by many employers and state/local governments. The federal government issued a requirement for all companies with over 100 employees to have their employees be vaccinated or produce a weekly negative test. Numerous employers including CVS, Humana, United Airlines and Walmart have issued mandates ahead of the federal requirement.
The EEOC issued guidance that “EEO laws do not prevent an employer from requiring a COVID-19 vaccination for all employees provided reasonable accommodation” provisions align with the ADA and Title VII requirements regarding disability and religious beliefs.
The EEOC confirmed employers can request vaccination status proof but must maintain confidentiality of this information.
Should I require my employees to get vaccinated?
Under OSHA, employers must provide safe and healthy work environments. We recommend all employers establish COVID-19 Safety Policies addressing exposure protocols, symptom procedures, safety measures, and screening protocols for office attendance.
An uptick exists in workers’ compensation claims from employees exposed to and testing positive for COVID-19 during employment.
What should I do if I want to implement a COVID-19 Vaccine Mandate?
For large businesses over 100 employees: Follow federal guidelines.
For small businesses under 100 employees:
Review your business. Does your business involve direct public interaction (healthcare, travel, retail)? If yes, proceed.
Review each position. Does the role require heavy public interaction? Can it operate remotely or with reduced contact? Does a direct health/safety threat exist that cannot be eliminated? If yes, proceed.
Write a policy. Address required vaccination positions, implementation timelines, and disability/religious exemption request processes.
Employees qualifying for exemptions cannot be required to work physically on-site, but employment termination is not mandatory.
The EEOC permits reasonable accommodations including:
- Wearing facemasks at work
- Maintaining social distance from coworkers
- Modified shift schedules
- Periodic COVID-19 testing
- Remote work arrangements
Do I have to pay my employees who get vaccinated?
If vaccination is employment-required, compensate employees for travel time to vaccination clinics and vaccination appointment duration.
Under the American Rescue Plan Act of 2021, employers voluntarily providing Families First Coronavirus Act paid leave receive refundable tax credits through September 30, 2021, expanded to cover:
- COVID-19 immunization time
- Recovery from immunization-related injury, disability, illness, or conditions
Could I be liable for NOT requiring employees to get vaccinated?
Under OSHA, employers must maintain safe, healthy work environments. We recommend COVID-19 Safety Policies addressing exposure processes, symptom reporting, safety protocols, and office screening measures.
Employees demonstrating workplace COVID-19 exposure resulting in positive tests increasingly file workers’ compensation claims.
Do you need assistance determining vaccination requirements or drafting policies? Contact the firm at info@rcr-consulting.com.
