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Now that COVID-19 vaccinations are rolling out across New York state and beyond, can health care providers require employees to receive the vaccine - especially when this layer of protection may enhance their capability to care for coronavirus patients and reduce the spread within the health care setting?
Last week the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance for
all employers – including health care employers – and addressed this question.
Short answer: while mandatory policies are permissible, health care employers should carve out exceptions for employees that request disability or religious accommodations, and make appropriate adjustments. The first exception is when an employee has a specific medical reason that prevents the employee from receiving the vaccine. The second exception is when an employee’s sincerely held religious belief, practice, or observance prevents
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With New York s new Paid Sick Leave Law set to take hold on January 1, 2020, employers finalizing their leave policies should review additional guidance published by the N.Y. Department of Labor (DOL). Our earlier Legal Alert covering the basics of the Paid Sick Leave Law is available here.
Proposed Regulations and Fact Sheets
On December 9th, the DOL published proposed regulations that further implement the Paid Sick Leave Law. Although the regulations answer some questions, employers should note that the regulations are still in proposed form and not yet final. Employers and other members of the public have until February 7, 2021, to submit comments and feedback to the DOL regarding the proposed regulations.