07 Apr Requiring the COVID-19 Vaccine: What Employers Need to Know
What Employer's Need to Know- Requiring the COVID-19 Vaccine - UPDATE January 6, 2022
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 back on May 28, 2021 that EEO laws do not prevent an employer from requiring a COVID-19 vaccination for all employees provided reasonable accommodation provisions are available in accordance with the ADA and Title VII (disability, religious beliefs, practice or observance).
The EEOC also confirmed that employers can ask employees about their vaccination status and require proof but the information should be kept confidential.
Should I require my employees to get vaccinated?
Under OSHA employers are required to provide a safe and healthy work environment. To minimize this risk we recommend all employers have a COVID-19 Safety Policy which addresses what the process is for employees who have been exposed, diagnosed or having symptoms, having safety protocols, and screening measures in places for employees going into the office.
We have also seen an uptick in employees who can show that they were exposed to and test positive for COVID-19 while on the job file for workers compensation.
What should I do if I want to implement a COVID-19 Vaccine Mandate?
For large businesses over 100 employees, you should follow the federal guidelines.
For small businesses under 100 employees:
Review your business. Does your business have direct interaction with the public and Customers (Healthcare, travel, retail, etc)? If Yes, proceed to the next step.
Review each position. Does the position have heavy interaction with the public? IS this a requirement of the job or does it have the flexibility to work remotely/less direct interface? Is there a direct threat to the health or safety of the individual or others that cannot be reduced or eliminated? If Yes, proceed to the next step.
Write a policy. Employers will need to have a policy addressing which positions are required to have vaccinations, the time frame for being vaccinated, and how employees can request exemptions for disability and religious reasons.
Employees who qualify for exemptions from vaccines, you can exclude from physically entering the workplace, but this does not mean you can terminate their employment.
The EEOC has issued providing reasonable accommodation which can include:
- Wearing a facemask at work
- Work at a social distance from co-workers
- Work a modified shift
- Get periodic COVID-19 tests
- Work remotely.
Do I have to pay my employees who get vaccinated?
If employees are required to be vaccinated as a condition of employment, the time spent traveling to/from the vaccine clinic and the time spent getting the shot should be compensated.
As summarized by the law firm McDermott, Will and Emery, Under the American Rescue Plan Act of 2021, employers who choose to voluntarily provide Families First Coronavirus Act (FFCRA) paid sick or family leave may now receive refundable tax credits through September 30, 2021. This has been expanded to include time off for:
- Obtaining the COVID-19 immunization
- Recovering from an injury, disability, illness or condition related to the immunization.
Could I be liable for NOT requiring employees who get vaccinated?
Under OSHA employers are required to provide a safe and healthy work environment. To minimize this risk we recommend all employers have a COVID-19 Safety Policy which addresses what the process is for employees who have been exposed, diagnosed or having symptoms, having safety protocols, and screening measures in places for employees going into the office.
We have also seen an uptick in employees who can show that they were exposed to and test positive for COVID-19 while on the job file for workers compensation.
Do you need help determining if your business should require COVID-19 vaccines or writing a policy?
Contact us today Heather.Albarano@RCR-Consulting.com