COVID-19: To Vaccine or Not to Vaccine
This week the Federal Drug Administration (FDA) announced the approval of the first vaccine developed to fight against COVID-19 with other pharmaceutical companies, hoping for similar approvals for their proprietary coronavirus vaccines, not lagging far behind.
The announcement is a glimmer of hope for employers who faced trying days in 2020 due to the pandemic, but who now face the question–how do I navigate next steps? PPR has prepared a Q & A to address questions employers may have regarding vaccines in the workplace.
Can I require employees to get a COVID-19 vaccine? Yes, for the most part. Once the vaccine receives approval under the FDA (right now it is approved only for emergency use) and is made available to the general public, employers can require employees get the vaccine with some exceptions. Under equal employment laws, employees can request the employer make a reasonable accommodation for medical reasons or due to a sincerely held religious belief. As a matter of best practice, employers should seek professional counsel for assistance in developing a mandatory vaccine program.
While I do want to encourage my employees to get the vaccine, I am not comfortable requiring it. What actions would you recommend? In most cases, encouraging workers — rather than requiring – workers to get a vaccine is likely to be more constructive. A great way to motivate workers to get the vaccine voluntarily is to reduce or remove any barriers that may be preventing them from going, such as providing them with paid time off to get the vaccine. As leaders and HR professionals, be an example and share your own experience as a recipient of the vaccine. For some, not having to wear a mask, PPE or simply getting their temperature checked each day will be incentive enough. If your business has not required those protocols, consider other rewards such as a gift card or a small cash bonus. If you still have employees that refuse, consider requiring them to attend a brief educational course regarding the efficacy of the trial data and experience of vaccine trial participants.
What happens if I require employees to get the vaccine and an employee has a negative reaction to the vaccine? Employers are not liable for any side effects an employee experiences that are caused by the vaccine, even if the vaccine is required for work. Any potential claims caused by a negative reaction to a vaccine would be treated as work-related illness and would be managed through a workers’ compensation program.
My employees are not considered high-risk and will not be top priority to receive initial supplies of the vaccine. What should I do? Continue to use the safety protocols that are already in place. If you have not already, develop and implement Infection Control policies and procedures. Allow workers to work remote when possible.
At what point can I require my employees who have been working remote to return to the office? As you know, until the vaccine is widespread, many remain at risk for COVID-19. It is anticipated that vaccines will be available to the general population by March or April. Employers are advised to monitor the number of cases and guidelines by local health officials before returning to “normal” operations. In the meantime, the Occupational Safety and Health Administration (OSHA) published helpful “Return to Work” guidelines for employers, located at https://www.osha.gov/Publications/OSHA4045.pdf
While I do want to encourage my employees to get the vaccine, I am not comfortable requiring it. What actions would you recommend? In most cases, encouraging workers — rather than requiring – workers to get a vaccine is likely to be more constructive. A great way to motivate workers to get the vaccine voluntarily is to incentivize. For some, not having to wear a mask, PPE or simply getting their temperature checked each day will be incentive enough. If your business has not required those protocols, consider other rewards such as a gift card or a small cash bonus. If you still have employees that refuse, consider requiring them to attend a brief educational course regarding the efficacy of the trial data and experience of vaccine trial participants.
What if an employee refuses to return to work until co-workers are vaccinated? While this is understandable, and certainly supports the need to encourage all employees to get the vaccine, employers set the terms of employment. If a vaccine is not required, an employee cannot refuse to work with co-workers who have not been vaccinated unless they can substantiate the need for a reasonable accommodation under disability laws.
More questions? PPR is available to provide advise and counsel as well as support on policy development.