As companies start bringing employees back to work, I bet you’re wondering can your employer require you to receive the COVID-19 vaccination before returning?
The answer to that is yes, yes, they can.
Federal laws don’t prevent employers from asking employees to show proof of their vaccination or requiring employees to get vaccinated if they haven’t done so already. This is per the new guidelines set by the U.S. Equal Employment Opportunity Commission (EEOC). In case you’re questioning if your rights under HIPAA are in violation, the answer to that is no.
Yet, even with the new guidelines presented by the Federal law – some States have a different take on whether or not they will require employees to be vaccinated. You can check the status of your state here.
The only exception to an employer requiring an employee to be vaccinated is if the employee has a medical condition that prevents them from getting the vaccination or if the employees religious practice prevents them from taking it. If either is the case, an employer must make reasonable accommodations for the employee that doesn’t cause undue hardship for the employer, whether that entails the employee to wear a mask at all times while in the office or granting the employee the ability to work-from-home. If it is the former, the employer can ask the employee to get periodically tested for COVID-19.
With the passing of the Federal law, why aren’t all the states and companies on-board with this direction? Well, there are a couple of reasons, one is the fact that the vaccination itself has yet to receive full approval by the Federal Food and Drug Administration. The other reason is, let’s face it, no one wants a lawsuit on their hands.
So, what does HR Circle Consulting, LLC recommend? We highly suggest for companies who are requiring employees to return to the workplace – to have a policy in place which addresses the company’s expectations as well as the rights of the employee. If you don’t have a policy or don’t know where to start, give us a call, we’re here to help.