COVID-19 Vaccine & Employee Safety.

• Author: Holdings, Sunz
• Position: [GUEST ARTICLE]

* Across the country states are slowly but steadily looking to make the COVID-19 vaccine available to all age groups. While many celebrate this development in the ongoing fight against COVID-19, the vaccine poses interesting questions for employers and staffing companies.

CAN WE MANDATE THE VACCINE FOR ALL EMPLOYEES?

According to the EEOC which released revised guidelines in December, an employer can mandate the COVID-19 vaccine. This ability is given through the ADA which allows employers to set qualification standards for employment or ongoing employment. One such standard outlined by the EEOC is "a requirement that an individual shall not pose a direct threat to the health or safety of individuals in the workplace." In other words, if you feel that an employee not receiving the vaccine would pose a risk to other employees then you can mandate the vaccine.

It is important to note that there are some exceptions to this rule. For employees with disabilities or health conditions which prohibit them from getting a vaccine, employers are expected to make alternative accommodations. Only when accommodations pose an "undue burden" or completely prevent an employee from fulfilling their job function is termination an option. The situation is similar in the case of employees who feel they cannot be vaccinated due to a sincerely held religious belief. It is important to remember that "religious belief" is a broad term and may be difficult to prove.

If you plan on mandating the vaccine, it is vital that you produce a written policy. This policy needs to outline the following:

* The deadline by which an employee must be vaccinated.

* Documentation required to prove vaccination.

* Deadline by which employees must notify you of their choice not to be vaccinated.

* Details on what accommodations can be made for those who cannot get the vaccine.

* Information on what the penalty will be for employees who are able to get the vaccine and choose not to.

* The contact information of a manager or leader whom employees can speak to regarding questions or concerns.

WHAT IS OUR LIABILITY IF WE DO NOT REQUIRE THE VACCINE?

Employers who choose not to mandate the vaccine can leave themselves open to potential worker's compensation liability. During the height of the COVID-19 pandemic many employers found themselves facing worker's compensation cases brought against them by employees who caught the virus at work. In these cases, employees argued that their employer...