Who Needs to Know
Why It Matters
Although employers can generally make vaccinations mandatory (subject to accommodation obligations), in an attempt to avoid the legal and practical implications of a mandatory vaccination program, many employers have chosen to enact voluntary vaccination programs instead. There are numerous issues for employers to consider when designing and enacting voluntary vaccination programs, including wage and hour, disparate impact, and HIPAA non-discrimination implications.
While widespread COVID-19 vaccinations seemed a far-off concept even just a few months ago, the increasing accessibility to vaccinations has prompted many employers to consider whether to implement a vaccination program for their workforces. The initial threshold that employers grapple with is whether to make vaccinations mandatory for their employees. Notwithstanding state or local regulations that provide otherwise, employers can generally make vaccinations a mandatory condition o
Who Needs to Know
Why It Matters
Businesses should begin to address these issues now so that when COVID-19 vaccines are ready for distribution, they will be too.
On December 11, the Food and Drug Administration announced that it would be issuing emergency use authorizations for two COVID-19 vaccines and that distribution may begin as early as December 14. While initial doses of the vaccine will be allocated to health care workers and long-term care residents, all businesses should be preparing for broader availability of the vaccine in early 2021. The COVID-19 pandemic and new vaccines present unique circumstances in which employers must balance employee rights with the overall safety and health of its workforce, customers, or clients when developing a vaccine strategy. This FAQ is intended to help employers across all industries understand the legal framework that regulates mandatory and voluntary employer vaccination programs.