Video: Can employers require their employees to get the COVID-19 vaccination?
My name is Marisa Sandler and welcome to today's HRMinute. Today we're going to be discussing whether employers can require their employees to get vaccinated for COVID-19. The short answer is generally yes. Subject to a few caviats. First, employers need to consider the need for any accommodations. Employees may be excused from a COVID-19 vaccine, under the ADA if they have a disability that prevents them from taking the vaccine. Or under Title 7, if taking the vaccine would violate a sincerely health-religious belief. After receiving the request for an accommodation, employers must engage in an interactive dialogue with the employee to explore potential accommodations. However, employers who are not required to provide an accommodation, that would constitute an undue hard-sharp with the law. Employers should also consider legal issues such as whether they are going to compensate employees for the time spent taking the vaccine. Potential worker's compensation, confidentiality and privacy issues, and employees right to organize under the NLRA. Employers should also consider whether requiring a COVID-19 vaccine is necessary given their industry, office set-up, and other alternatives such as face coverings and social distancing. Marisa Sandler, Tannenbaum Helpern.
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01.26.2021 | PUBLICATION: HRMinute | TOPICS: Employment