Let’s Talk About Vax

Let’s Talk About Vax…And Other Unsolicited COVID – Related Advice

While COVID devastated individuals and businesses all over the world, it also created certain opportunities. One of those was for labor and employment lawyers.   Leave laws, unemployment insurance, employee timekeeping while home, accommodations, and discrimination….those are just five of the buckets that had to be kept steady while the terrain was constantly shifting -- sometimes more than once within the same day.  We all tried to keep up – and offered educated guidance with the best information we had at the time.  And now the vax is here.  And just like everything else, it comes with as many questions as answers.  

Earlier this month both the State and Federal Governments took action concerning COVID vaccinations and the workplace.

On the Federal front, the EEOC confirmed what we have been telling you since the vaccine was approved: That it is legal to mandate that employees be vaccinated. And this is not new.  Schools and hospitals and offices of all kinds have been requiring its students and staff to be vaccinated for decades. But there are some important qualifications.

First, there is consideration for people with sincerely held religious practices or beliefs. Once an employee gives notice that they cannot receive the vaccine for this reason, the employer must accommodate that employee unless to do so would create an “undue hardship” for the employer.

Similarly, there is consideration for people with medical conditions that prevent them from receiving the vaccine.  And once on notice, employers must accommodate that condition unless that creates an undue hardship.  

You have to make sure that your rules and accommodations are applied equally to everyone, but you can require those workers who do not get the vaccine to wear a mask, even if you have lifted the requirement  for the rest of the staff.

On the State side, guidance issued by the Labor Department clarified that employers are required to allow employees to use accrued sick leave to recover from any side effects from getting the vaccine. That is in addition to the 4 hours of paid leave to which every employee is entitled to get the vaccine. 

Even with the bulk of the COVID crisis behind us, the repercussions for employers and the workplace continue to develop.  Let us help you stay on top of the regulatory developments impacting the landscape around you.  Get in touch with us.