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Can Employers require Employees to take the COVID-19 Vaccine?

12/7/2020

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When the COVID-19 vaccine becomes available, can an employer require employees to take the vaccine? Until further guidance by the EEOC, employers should encourage employees to get the vaccine, instead of making it a requirement. A thorough, objective policy should be communicated based on business necessity and the policy should be applied consistently.
 
Items to include in the policy;

  • What will be the repercussions if an employee refuses to take the vaccine?
  • How will employees that ask for a waiver from vaccine requirements for a religious or disability accommodation be handled?
  • How will time off be handled if an employee has an adverse effect from taking the vaccine?
  • If documentation is required that the employee took the vaccine, how will privacy be maintained regarding the employee’s medical records?
  • Is an outside company or designated person available to keep the records of the employees that took the vaccine to ensure the most privacy?
 
We expect to hear more about the Covid-19 vaccine guidelines for employers in the next few months; however, employers should start thinking about their policy.  You can contact us at [email protected] to help develop a policy.

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