Can you require your employees to take the COVID-19 vaccine or can they opt out?

Right now as the COVID-19 vaccines are rolling out with each state mandating who will qualify for the first roll out of the vaccines and prioritizing who's gets the vaccine first.  You might be wondering if you as a employer has the right to make vaccines mandatory for employment st your business. This idea on mandating immunizations is not new. In the 80's the hospital I worked in mandated the health care workers take the influenza vaccine to continue to work. Now that Pfizer, Moderna, have received emergency use authorization in the U.S. with Johnson & Johnson, AstraZeneca and more COVID -19 vaccines pending research, getting ready to roll out some people are concerned they could be fired if they don’t want to take the vaccine. 

Can employers legally require employees to take the COVID-19 vaccine? 

"Maybe. Mandatory vaccination programs are not new but have been historically limited to health care and education environments. While there is no apparent legal prohibition on mandatory vaccines in the employment context, these programs are subject to several legal exceptions, most notably accommodation for disability, religion and pregnancy." - The National Law Review COVID-19 Vaccines Receive Emergency Approval: But Can and Should U.S. Employers Force Employees to Take it?

When can employers require their employees to take the COVID-19 vaccine?

"As COVID-19 vaccines become available, many employers will have a strong case for requiring employee vaccinations, so long as their vaccination policies have certain exceptions, are job-related and are consistent with business necessity, legal experts say. ... Context matters when deciding whether to mandate vaccines," - SHRM Employment Law When Employers Can Require COVID-19 Vaccinations

What can employers do if employees refuse a COVID-19 vaccine? 

"Employers may encourage or possibly require COVID-19 vaccinations, but policies must comply with the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII) and other workplace laws, according to the EEOC. An employee with a religious objection or a disability may need to be excused from the mandate or otherwise accommodated," noted John Lomax, an attorney with Snell & Wilmer in Phoenix. "Additionally, if an objecting employee is a union-represented employee, the employer may need to bargain and reach an agreement with the union before mandating vaccines." -  SHRM Employment Law What Employers Can Do If Workers Refuse a COVID-19 Vaccination

What if the employer cannot provide reasonable accommodations?

"If an employee qualifies for either a religious or disability-related exemption but the employer is unable to provide an accommodation because of undue hardship, then the employer has the right to exclude the employee from going to the workplace. However, the EEOC guidelines explicitly say that the inability to reasonably accommodate an employee does not automatically give the employer the right to fire the employee."  The Conversation 6 Questions Answered

Can you get fired if you refuse the vaccine? 

Yes, maybe. Be sure to check your states' employment laws before making your final decision. "The U.S. Equal Employment Opportunity Commission does allow companies to mandate the flu and other vaccines, and has indicated they could also make the COVID-19 vaccines a requirement for employees. Most employees in the U.S. are at-will employees, which mans employers are free to set the conditions of employment and hire and fire at will.” - Can You Be Fired For Refusing Vaccination If Your Employer Requires It? 

What if someone comes to work with a COVID-19 diagnosis? 

"Based on guidance from the U.S. Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA), as well as the advice of attorneys who've already guided clients through a COVID-19 response, here are five basic steps to take in the aftermath of an employee's COVID-19 diagnosis.

1. Send the employee home to quarantine.

2. Vacate (if possible) and clean areas recently used by the employee.

3. Notify potentially exposed co-workers without divulging the employee's identity.

4. Determine when the employee may return, but not by testing alone.

5. Record the infection if it is work-related and report it to OSHA if required." SHRM Take These 5 Steps When an Employee Gets COVID-19

Cindy Cohen RN, BS BA 

Founder, C2 Your Health Women's Initiative Inc. 

Owner, C2 Your Health LLC

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