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Ask an HR Expert
Jan 26, 2021 10:22:00 AM
Question: How Can I Encourage My Employees to Get a COVID Vaccine?
As COVID-19 vaccines become available to wider groups during the next few months, many employers may be considering how they might encourage employees to get vaccinated. While making vaccination mandatory comes with risk (see last month’s article on this topic here) some employers are considering using incentives, such as pay or a gift card, to employees who provide proof of vaccination.
It is unclear whether a vaccination incentive program would be considered a wellness program under the EEOC. Earlier this month, the EEOC issued proposed rules on wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Act (GINA) but these are under a regulatory freeze pending further review.
Offering incentives could make the vaccine seem risky and reinforce suspicion about it. If an incentive is too generous it may be said that the employee decision to get the COVID vaccine may not have been voluntary. Employers should also focus on CDC recommendations instead of promoting a specific vaccine.
If an employer moves forward with an incentive program they would want to have a designated coordinator to respond to questions and review documentation. This information should be treated as confidential. An employer should warn employees not to provide medical information as part of proof of vaccination. Employers may want to set a time period during which employees must be vaccinated in order to receive the incentive to encourage their workers to get vaccinated as soon as the vaccine is available to them.
A potentially difficult issue will be an employee who requests the incentive even though they will not get vaccinated due to a legally protected reason, such as a disability or sincerely held religious belief. Employers should be mindful of potential discrimination and consider an alternative way for an employee to earn the incentive. If an employee says that a medical condition prevents them from getting vaccinated but asks for the incentive, the employer could ask for medical certification (without medical details) of the employee’s inability to be vaccinated to allow them to receive the incentive.
Employers could take other actions like providing the workforce with information to help them in making a decision, such as CDC guidance, vaccination locations and how to get an appointment. Employers can provide flexibility to allow workers time to seek vaccination in the community. Employers, if they are able, could make the vaccine available onsite, like some employers do for the flu vaccine. Employers want to reduce the impact of COVID on their employees but should carefully evaluate what they may want to do and proceed thoughtfully.
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