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More Employers Expected to Encourage COVID-19 Vaccination

 
More employers may be willing to consider requiring their employees to be vaccinated, following the Food and Drug Administration (FDA) announcement of full approval for the Pfizer COVID-19 vaccine.
 
The change in vaccine status is also expected to be reflected in updated guidance from other federal agencies, including the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC).
 
Over the past year, several federal agencies, including the Equal Employment Opportunity Commission and the Department of Justice, and numerous court rulings have confirmed that requiring employees to be vaccinated is legal. And OSHA guidance suggests employers consider adopting policies that require workers to get vaccinated or to undergo regular COVID-19 testing.
 
Employers who choose not to impose a mandatory vaccination requirement can still consider other options for encouraging vaccinations, such as communication and incentives.
 
If an employer will implement a mandatory policy they should:
 
  • Consult with legal counsel and monitor latest legal and public health developments.
  • Include the following in a policy:
    • Rationale;
    • Who is covered under the policy;
    • How employees are to present proof of vaccinations; 
    • Exemption procedure;
    • Compensation for time spent and expenses relating to getting vaccinated; and
    • Noncompliance provision.
  • Apply the policy in a non-discriminatory and consistent manner.
  • Distribute the vaccination policy to all those covered under the policy, either electronically or by printed copy.
Click here to view a chart on COVID-19 vaccination mandates for employers by state and municipality. It does not cover schools or other educational institutions. An indication of "N/A" in chart cells indicates that vaccination is not mandated.

 

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