Mandatory vs. Voluntary COVID-19 Vaccination Policies: What California Employers Need To Know
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Now that COVID-19 vaccines are gradually rolling out, employers are asking if they can – and should – require employees to get vaccinated and are considering what they can do if employees refuse. Given the complexity of navigating federal and state laws, MOUs, personnel rules, and practical considerations, employers should consult legal counsel before creating and implementing a mandatory or voluntary vaccination policy. Our Labor and Employment Law attorneys are assisting California employers regarding all legal issues related to COVID-19 vaccines. Our team provided a webinar on February 3 to address the myriad COVID-19 vaccination issues, including how employers can meet EEOC requirements, increase workplace safety, and minimize risk.
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Mandatory vs. Voluntary COVID-19 Vaccination Policies: What California Employers Need To Know
- 1. COVID-19 VACCINATIONS: What California Employers Need To Know February 3, 2021
- 2. 2 • The information in this presentation is subject to change. • This is an informative presentation and not intended as legal advice. • Please consult with an attorney for assistance with a particular issue or problem.
- 3. 3 Presenters Camille Hamilton Pating Principal (510) 808-2000 cpating@meyersnave.com Janice P. Brown Principal (619) 330-1703 jbrown@meyersnave.com Arlene R. Yang Principal (619) 330-1729 ayang@meyersnave.com
- 4. 4 Poll #1 What type of vaccination policy does your organization plan to have? a) Mandatory b) Voluntary c) Incentive plan d) We won’t have a policy e) We don’t know yet
- 5. 5 1. Can you make the vaccine mandatory? Should you? 2. Privacy Issues 3. Analogies How have vaccinations been treated in other situations and industries, regulations? 4. Alternatives -- Education -- Incentive Programs 5. Practical Considerations Agenda
- 6. 6 Where We Are Many unknowns: • Can vaccinated individuals still transmit COVID-19? • Will the vaccines be effective against the new COVID-19 variants? • How long will vaccine immunity last? • How many people must be immune to have herd immunity?
- 7. Can you make the vaccine mandatory? Should you?
- 8. 8 Is This OK? After everyone is eligible and has the opportunity to get vaccinated, every employee must show proof of vaccination to go into the office or attend events.
- 9. 9 Food Drug and Cosmetics Act • Emergency Use Authorization • Must inform individuals who receive the vaccine they have Can employers discipline employees who refuse? FDC&A provides no guidance FD&C Act § 564, 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) “option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product . . .”
- 10. 10 Mandatory Program Must Accommodate Disability, Religion • December 16, 2020 • EEOC new guidance re: COVID-19 vaccine • Direct threat from unvaccinated individual “significant risk of substantial harm to the health and safety of others that cannot be eliminated or reduced by reasonable accommodation”
- 11. 11 Mandatory Program Must Accommodate Disability, Religion • Title VII of the Civil Rights Act – sincerely held religious belief • Americans with Disability Act • Reasonable Accommodations • Interactive Process • Undue Hardship
- 12. 12 What if objection is not based on religion or disability?
- 13. 13 Check Your MOUs Meyers-Milias-Brown Act National Labor Relations Act Contractual obligations & Exceptions High numbers of police and firefighters are declining vaccination. If you plan to implement mandatory requirement, must speak with unions immediately.
- 14. 14 Poll #3 When the COVID-19 vaccine is available to you, will you: a) Get vaccinated ASAP b) Wait c) Get vaccinated only if required for work or school d) Definitely won’t get it e) I have already received the vaccine
- 15. 15 When a COVID-19 Vaccine is Approved and Widely Available Gostin, Lawrence O., et al. “Mandating COVID-19 Vaccines-Ethical and Legal Considerations.” JAMA, JAMA Network, 29 Dec. 2020, jamanetwork.com/journals/jama/fullarticle/2774712. 35% 40% 9% 16% Would get it as soon as possible Would wait Would only get it if required for work or school Would definitely not get it
- 16. 16 Practical Considerations Will you discipline employees who refuse? a) Comply with MOUs and due process before corrective action b) Administrative costs c) Wage and hour considerations d) Liability for side effects e) Limit to specific departments or roles? f) Litigation and brand risks
- 17. Privacy Issues
- 18. 18 Is This OK? ? Require unvaccinated employees to wear a sticker? ? Circulate list of vaccinated employees? ? Store vaccination record in personnel file?
- 19. ANALOGIES
- 20. 20 How Have Vaccinations Been Mandated in the Past? • CA public/private schools – mandated for in-person students – Since 2016, no personal belief exemptions for students (SB 277 (2016), SB 276 (2019) and SB 714 (2019)) – No teacher mandate • CA state universities – mandated for students – Medical exemptions. No personal or religious belief exemptions for childhood vaccinations. Religious accommodations for flu vaccination. – As of Nov. 1, 2020, all students, faculty, and staff on UC locations must have flu vaccine, unless medical exemption, or disability or religious accommodation.
- 21. 21 How Have Vaccinations Been Mandated in the Past? • Hospital employees • Must be offered, but not mandated: – Hepatitis B – Influenza – MMR (Measles, Mumps, Rubella) – Varicella (Chickenpox) • Hepatitis B = Cal. Code Regs. tit. 8, § 5193(f). Employers must make vaccine available to employees with occupational exposure
- 24. 24 Vaccine Incentives • Wellness program with medical examinations must be voluntary • Mandatory = 30% health ins. discount (AARP v. U.S.EEOC, 267 F. Supp.3d 29 (D.D.C. 2017) • Voluntary = water bottle or gift card (proposed ADA regs. 29 CFR Part 1630) https://www.eeoc.gov/regulations/proposed-rule-amendments-regulations- under-americans-disabilities-act# • Proceed carefully!
- 25. 25 Education https://www.cdc.gov/coronavirus/2019- ncov/vaccines/toolkits/essential-workers.html
- 27. 27 Practical Considerations For Vaccinating Your Workforce Policies, advice and counsel for implementation Update your handbook Train managers and supervisors Minimize and limit risk
- 28. Questions
- 29. 29 Presenters Camille Hamilton Pating Principal (510) 808-2000 cpating@meyersnave.com Janice P. Brown Principal (619) 330-1703 jbrown@meyersnave.com Arlene R. Yang Principal (619) 330-1729 ayang@meyersnave.com
Editor's Notes
- STEPHANIE
- STEPHANIE
- JANICE
- JANICE
- Can you make the vaccine mandatory? Should you? (a) Food, Drug and Cosmetics Act of 1938 (b) Reasonable Accommodations for Disability, Religion (c) Wage and Hour Laws (d) Collective Bargaining Agreements (e) Practical Considerations Privacy Issues Analogies – How have vaccinations been treated in other situations and industries, regulations? Alternatives – Education Alternatives – Incentive Programs Practical considerations
- ARLENE: https://covid19.ca.gov/vaccines/#California-vaccines-dashboard 39.5 million people in California 3.4 million doses To get the pandemic under control, we are trying to achieve “herd immunity” According to the CDC: Community immunity: A situation in which a sufficient proportion of a population is immune to an infectious disease (through vaccination and/or prior illness) to make its spread from person to person unlikely. Even individuals not vaccinated (such as newborns and those with chronic illnesses) are offered some protection because the disease has little opportunity to spread within the community. Also known as herd immunity. https://www.cdc.gov/vaccines/terms/glossary.html If a high enough percentage of the population is immune, through vaccination or prior illness, then when someone is infected, they are unlikely to be able to spread it to others, if they are all immune. We don’t yet know what percentage of the population must be immune to achieve herd immunity. The number has been estimated to be from 60 to 85% of the population, or more. There are still many unknowns: What proportion of the population must be immune to COVID-19 to have herd immunity? Can vaccinated individuals still transmit COVID-19? Will the vaccines be effective against the new COVID-19 variants? – U.K., South African, California, etc. How long will vaccine immunity last?
- (Launch Poll #2)
- CAMILLE: Food Drug and Cosmetics Act Every person has a right to refuse under the Food, Drug and Cosmetics Act, but the statute provides no guidance on whether an employer can terminate someone who refuses. The Moderna and Pfizer COVID-19 vaccines were not approved or licensed via the Food and Drug Administration’s (“FDA”) standard approval process. Instead, under the Food, Drug and Cosmetics Act of 1938 (“FD&C Act”), because a public health emergency had been declared, the FDA granted was is known as an Emergency Use Authorization (“EUA”) for the vaccine. All descriptive printed matter, advertising, and promotional material relating to the use of the Moderna COVID‑19 Vaccine clearly and conspicuously shall state that: • This product has not been approved or licensed by FDA, but has been authorized for emergency use by FDA, under an EUA to prevent Coronavirus Disease 2019 (COVID-19) for use in individuals 18 years of age and older; and • The emergency use of this product is only authorized for the duration of the declaration that circumstances exist justifying the authorization of emergency use of the medical product under Section 564(b)(1) of the FD&C Act unless the declaration is terminated or authorization revoked sooner. https://www.fda.gov/media/144636/download (21 U.S.C. 360bbb-3) Individuals who receive the vaccine must be informed that they have “the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks” FD&C Act § 564, 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) What if vaccine EUA is revoked? What if it receives full-licensure?
- ARLENE: Mandatory program must accommodate disability, religion. The Equal Employment Opportunity Commission’s Vaccine Guidance On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding the COVID-19 vaccine. [INCLUDE SUMMARY OF REASONABLE ACCOMMODATION PROCESS] Q: Can employers require employees to obtain COVID-19 vaccinations? A: Likely yes, but employers must be prepared to accommodate employees with disabilities and religious objections, and comply with applicable meet and confer obligations and collective bargaining provisions. In its most recent guidance, the U.S. Equal Employment Opportunity Commission (“EEOC”) made clear that an employer can (1) mandate that employees take vaccines and (2) keep unvaccinated employees out of the workplace if the employer determines that the unvaccinated employee poses a “direct threat” due to a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” At the same time, employers must still provide reasonable accommodations and engage in the interactive process with employees who have disabilities and cannot take the vaccine or those with sincerely held religious beliefs in opposition to vaccination. Both public and private employers may require employees to obtain a COVID-19 vaccination. However, Title VII of the Civil Rights Act, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and the Genetic Information Nondiscrimination Act of 2008, -- rDA, ADEA, and GINA place restrictions on this ability. EEOC guidance focused on the ADA and Title VII. In this context, the EEOC emphasized objections to vaccination requirements based upon disability or sincerely held religious beliefs. In such instances, employers must engage in a reasonable accommodation process. Mention Pregnancy Employers should also engage in an individualized analysis of each objecting employee to determine if he/she or they would pose a “direct threat.” A direct threat exists where the presence of the unvaccinated individuals would pose a “significant risk of substantial harm to the health and safety of others that cannot be eliminated or reduced by reasonable accommodation.” 29 C.F.R. § 1630.2(r). Determination that a direct threat exists allows an employer to prevent the employee from physically entering the workplace. However, automatic termination is not permitted. More information is available at the EEOC’s website: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws Title I of the ADA: Applies to both private and public (state and local government) employees. The ADA provides that where an employee is unable or unwilling to vaccinate due to disability, an employer is obligated to engage in a process of reasonable accommodation. Title VII of the Civil Rights Act: Applies to both public and private employers with 15+ employees. Title VII provides that employees who have a religious objection to being vaccinated are entitled to a process of reasonable accommodation. GINA: Applies to both public and private employers with 15+ employees. FEHA: Applies to both public and private employers, even those with fewer than 5 employees. Prohibits discrimination on the basis of disability or sincerely held religious belief. What if objection is not based on religion or disability?
- ARLENE: Mandatory program must accommodate disability, religion. The Equal Employment Opportunity Commission’s Vaccine Guidance On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding the COVID-19 vaccine. [INCLUDE SUMMARY OF REASONABLE ACCOMMODATION PROCESS] Q: Can employers require employees to obtain COVID-19 vaccinations? A: Likely yes, but employers must be prepared to accommodate employees with disabilities and religious objections, and comply with applicable meet and confer obligations and collective bargaining provisions. In its most recent guidance, the U.S. Equal Employment Opportunity Commission (“EEOC”) made clear that an employer can (1) mandate that employees take vaccines and (2) keep unvaccinated employees out of the workplace if the employer determines that the unvaccinated employee poses a “direct threat” due to a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” At the same time, employers must still provide reasonable accommodations and engage in the interactive process with employees who have disabilities and cannot take the vaccine or those with sincerely held religious beliefs in opposition to vaccination. Both public and private employers may require employees to obtain a COVID-19 vaccination. However, Title VII of the Civil Rights Act, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and the Genetic Information Nondiscrimination Act of 2008, -- rDA, ADEA, and GINA place restrictions on this ability. EEOC guidance focused on the ADA and Title VII. In this context, the EEOC emphasized objections to vaccination requirements based upon disability or sincerely held religious beliefs. In such instances, employers must engage in a reasonable accommodation process. Mention Pregnancy Employers should also engage in an individualized analysis of each objecting employee to determine if he/she or they would pose a “direct threat.” A direct threat exists where the presence of the unvaccinated individuals would pose a “significant risk of substantial harm to the health and safety of others that cannot be eliminated or reduced by reasonable accommodation.” 29 C.F.R. § 1630.2(r). Determination that a direct threat exists allows an employer to prevent the employee from physically entering the workplace. However, automatic termination is not permitted. More information is available at the EEOC’s website: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws Title I of the ADA: Applies to both private and public (state and local government) employees. The ADA provides that where an employee is unable or unwilling to vaccinate due to disability, an employer is obligated to engage in a process of reasonable accommodation. Title VII of the Civil Rights Act: Applies to both public and private employers with 15+ employees. Title VII provides that employees who have a religious objection to being vaccinated are entitled to a process of reasonable accommodation. GINA: Applies to both public and private employers with 15+ employees. FEHA: Applies to both public and private employers, even those with fewer than 5 employees. Prohibits discrimination on the basis of disability or sincerely held religious belief. What if objection is not based on religion or disability?
- Mandatory program must accommodate disability, religion. The Equal Employment Opportunity Commission’s Vaccine Guidance On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding the COVID-19 vaccine. [INCLUDE SUMMARY OF REASONABLE ACCOMMODATION PROCESS] Q: Can employers require employees to obtain COVID-19 vaccinations? A: Likely yes, but employers must be prepared to accommodate employees with disabilities and religious objections, and comply with applicable meet and confer obligations and collective bargaining provisions. In its most recent guidance, the U.S. Equal Employment Opportunity Commission (“EEOC”) made clear that an employer can (1) mandate that employees take vaccines and (2) keep unvaccinated employees out of the workplace if the employer determines that the unvaccinated employee poses a “direct threat” due to a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” At the same time, employers must still provide reasonable accommodations and engage in the interactive process with employees who have disabilities and cannot take the vaccine or those with sincerely held religious beliefs in opposition to vaccination. Both public and private employers may require employees to obtain a COVID-19 vaccination. However, Title VII of the Civil Rights Act, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and the Genetic Information Nondiscrimination Act of 2008, -- rDA, ADEA, and GINA place restrictions on this ability. EEOC guidance focused on the ADA and Title VII. In this context, the EEOC emphasized objections to vaccination requirements based upon disability or sincerely held religious beliefs. In such instances, employers must engage in a reasonable accommodation process. Mention Pregnancy Employers should also engage in an individualized analysis of each objecting employee to determine if he/she or they would pose a “direct threat.” A direct threat exists where the presence of the unvaccinated individuals would pose a “significant risk of substantial harm to the health and safety of others that cannot be eliminated or reduced by reasonable accommodation.” 29 C.F.R. § 1630.2(r). Determination that a direct threat exists allows an employer to prevent the employee from physically entering the workplace. However, automatic termination is not permitted. More information is available at the EEOC’s website: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws Title I of the ADA: Applies to both private and public (state and local government) employees. The ADA provides that where an employee is unable or unwilling to vaccinate due to disability, an employer is obligated to engage in a process of reasonable accommodation. Title VII of the Civil Rights Act: Applies to both public and private employers with 15+ employees. Title VII provides that employees who have a religious objection to being vaccinated are entitled to a process of reasonable accommodation. GINA: Applies to both public and private employers with 15+ employees. FEHA: Applies to both public and private employers, even those with fewer than 5 employees. Prohibits discrimination on the basis of disability or sincerely held religious belief. What if objection is not based on religion or disability?
- Collective Bargaining Issues Requirements for Employers with unions: Public agencies that want to require that employees be vaccinated must comply with the bargaining obligations set forth under the Meyers-Milias-Brown Act (“MMBA”). The MMBA requires public agencies to provide notice and an opportunity to unions to bargain any decision that directly relates to a matter within the scope of representation, and agencies must do so before making such a decision. Currently, the Public Employment Relations Board (“PERB”), has not issued guidance or a decision concerning bargaining obligations related to an agency’s decision requiring a COVID-19 vaccination of its represented employees. Given the absence of any guidance or decisional precedent from PERB, the safest course of action is for public employers to assume that a vaccine policy is within the scope of bargaining AND that employers must bargain any decision to require vaccines BEFORE implementing the decision. Necessity exception: scope of representation does not include “consideration of the merits, necessity, or organization” of any service provided by law. If a COVID-19 vaccination is determined to be a necessity for some or all of an agency’s employees, the vaccination requirement could be construed as outside the scope of bargaining and in such cases an agency would only be obligated to negotiate the effects of the decision to require vaccination, as opposed to the decision itself. Emergency exception: The MMBA also provides public agencies a limited emergency exception which permits agencies, in certain circumstances requiring immediate administrative action, to make a decision that affects a matter within the scope of representation before providing unions notice of the decision or an opportunity to bargain the decision. However, agencies must still bargain the underlying decision, after the decision is made. Private employers Who are considering requiring COVID vaccinations should consider potential impacts of such a policy under the National Labor Relations Act (“NLRA”). It’s important to note that both union and non-union employers may be impacted by the NLRA. Specifically, Section 7 of the NLRA grants employees the right to engage in protected concerted activities for the purpose of collective bargaining or other mutual aid or protection, and makes it unlawful for an employer to interfere with or restrain employees in the exercise of those rights. Generally speaking, there is protected concerted activity when two or more employees act together to improve their terms and conditions of employment. For example, protected activity under the NLRA could include employees protesting against a mandatory vaccination policy (or the lack of one), organized office communications or flyers among coworkers concerning a vaccination mandate, or discussions among coworkers about the vaccine. Private Employers should exercise caution and consult legal counsel before taking any action against employees who engage in such activities regarding any vaccination policy, because such action could result in an unfair labor practice charge against the employer. If an employer already has a union in the workplace, consider whether the controlling CBA permits a mandatory vaccination policy or not. If a mandatory vaccination policy falls within the language of the CBA, the employer may be able to unilaterally implement the work policy without first bargaining with the union. However, if not, requiring COVID-19 vaccinations may be considered a mandatory subject of bargaining that gives rise to a duty to bargain prior to implementation. Whether you are a public agency employer or a private employer, bcause the law is unsettled under both the MMBA and NLRA, the better course of action is to bargain with unions over any requirement of vaccines policy, in order to avoid an ULP. will be required to comply with applicable memorandum of understanding (“MOU”) or Collective Bargaining Agreement provisions and satisfy meet and confer obligations for represented employees in order to mandate vaccinations. Careful attention should be placed on any rules or MOU provisions that may limit the ability to mandate vaccinations or prohibit the ability to change existing terms and conditions of employment without union agreement. If you plan to implement mandatory requirement, must speak with unions immediately. High levels of police and firefighters who are declining vaccination.
- Recent data from 1676 adults surveyed November 30 to December 8, 2020, found that when a COVID-19 vaccine is approved and widely available: 34% would get it as soon as possible; 39% would wait; 9% would only get it if required for work or school; 15% would definitely not get it. Black persons, at high risk of infection and hospitalization, are less likely to report vaccine intent with only 20% reporting they would get the vaccine soon and 52% intending to wait.
- Practical Considerations Enforcement: will you terminate employees who refuse? A: Employers may be reluctant to discipline or terminate a large number of employees, and equally reluctant to create multiple individual exceptions that may lead to litigation. For example, reports are finding that 10% to 20% of health care workers are refusing vaccination, regardless of whether they have a reason to object based on disability or religion. For employees with for-cause employment rights, employers need to comply with due process before taking corrective action against employees as a result of a refusal to be vaccinated. Because this is an untested area of law, employers should consult with legal counsel before considering corrective action. a. Administrative Costs/Wage and Hour Considerations: Employers mandating vaccinations may consider providing on-site vaccination for efficiency. In such instances, employers need to consider the cost of procuring a third-party to administer the vaccine. Additionally, whether vaccinations are on or off site, employers should consider that, under applicable wage and hour laws, if vaccines are mandated, the time it takes for an employee to get vaccinated should be treated as compensable work time. Similarly, any costs associated with getting the vaccine would be reimbursable business expenses. b. Liability for side effects – small percentage will experience negative reactions. c. Litigation risks
- https://www.cdc.gov/vaccines/covid-19/health-systems-communication-toolkit.html#posters – Valeina the image should be ok to use. Even where an employer's mandatory vaccination policy is lawful under federal law (ADA), employers must be cognizant of state law concerns, especially privacy laws. California recognizes rights to privacy arising from Art 1, Section 1 of the California Constitution. To survive a privacy challenge, an employer will need to demonstrate that a mandatory vaccination policy is justified by the public interest and the employer's legitimate business needs. Likewise, in California employers have additional notice requirements—to explain to employees what personal information may be collected about them and the business purposes for which such personal information will be used in connection with a mandatory vaccination policy. Further, tracking compliance and determining what type of proof of vaccination will be required should be carefully planned in advance of rolling out any policy. Any employee medical information obtained by the employer should be treated as a confidential medical record under the ADA and maintained in separate medical files. Employers should follow pending legislation in the coming terms, California is likely to consider vaccine-related legislation that may provide additional clarity on mandatory vaccinations.
- ANALOGIES 1. Analogies – how have vaccinations been mandated in the past? Schools – teachers not required, students are required Hospitals Military Additional research needed by Shandyn. Consider CalOSHA Hep B standard (Section 5193, subd. (f)) Additional research needed by Shandyn. The ADA and Cal/OSHO provide employers with a duty, and the authority, to ensure a safe work environment. As such, employers may conclude that the best way to do so during the current pandemic is to mandate that employees receive the available vaccinations.
- ANALOGIES https://www2a.cdc.gov/vaccines/statevaccsApp/Administration.asp?statetmp=CA#41 1. Analogies – how have vaccinations been mandated in the past? Schools – teachers not required, students are required Hospitals Military Additional research needed by Shandyn. Consider CalOSHA Hep B standard (Section 5193, subd. (f)) Additional research needed by Shandyn. The ADA and Cal/OSHO provide employers with a duty, and the authority, to ensure a safe work environment. As such, employers may conclude that the best way to do so during the current pandemic is to mandate that employees receive the available vaccinations.
- ALTERNATIVES TO MANDATORY VACCINATION PROGRAMS NON MANDATORY PROGRAMS - Education program NON MANDATORY PROGRAMS - Incentive Programs and Wellness Sample – or other headline https://www.usatoday.com/story/money/business/2021/01/14/covid-vaccine-dollar-general-instacart-pay-employees-getting-vaccine/4160708001/ EEOC Guidance on Wellness programs Additional research needed by Shandyn. Pay Child care paid time off $25 stipend 2 hours of pay
- Pay Child care paid time off $25 stipend 2 hours of pay
- ALTERNATIVES TO MANDATORY VACCINATION PROGRAMS NON MANDATORY PROGRAMS - Education program NON MANDATORY PROGRAMS - Incentive Programs and Wellness Sample – or other headline https://www.usatoday.com/story/money/business/2021/01/14/covid-vaccine-dollar-general-instacart-pay-employees-getting-vaccine/4160708001/ EEOC Guidance on Wellness programs Additional research needed by Shandyn. Pay Child care paid time off $25 stipend 2 hours of pay
- COVID-19 Vaccine – Practical Issues Practical considerations for vaccinating your workforce. • Check with your County and local healthcare providers to determine when/where the vaccine will be available to your workers • What will employees need to prove eligibility (e.g. ID badge, pay stub, etc) • Employers must continue to follow all COVID-19 prevention measures regardless of vaccination • Be prepared for adverse reactions and consider a staggered rollout for operational consistency Litigation Risks Employers who seek to mandate COVID-19 vaccinations should consider the practical consequences of a vaccine policy, including: Discipline and Enforcement: How will employers enforce the mandate and discipline non-compliant employees who do not qualify for a reasonable accommodation? Employers should also be mindful that discipline, or determination of a direct threat barring physical presence in the workplace, could lead to litigation. Reasonable Accommodation Process: Employers who seek to mandate vaccinations need to be prepared to engage in good faith in a reasonable accommodation process. As such, employers should have written policies and procedures regarding that process. Employers should also ensure they have a system for requesting reasonable accommodations and a means of maintaining and tracking reasonable accommodations. Finally, employers should remain mindful that, even if this process is done in good faith, there is still the potential for litigation. Employee Privacy and Disability Related Inquiries: Employers who mandate vaccines will necessarily need a system for tracking proof of vaccinations. Employers should be aware that they are obligated by the ADA and HIPPA to keep vaccination records and disability information confidential. Further, the ADA and GINA have specific requirements regarding information that may be solicited from employees. For example, if an employer were to contract with a third-party to provide vaccinations at the workplace, the employer should be aware that pre-vaccination medical screening questions are likely to elicit information about disability. Such questions asked by a third-party on the employer’s behalf would constitute “disability-related” questions, and violate the provisions of the ADA, unless shown to be “job-related and consistent with business necessity.” Notably, employers who opt to offer a vaccination program on a voluntary basis will not need to satisfy the “job-related and consistent with business necessity” requirement. A: Many important questions need to be answered, including will the vaccination policy be written? How will the employer collect and protect employees’ vaccination records? What are the risks to employees, the public, customers, or clients if the employer does not mandate vaccination? Would a voluntary vaccination policy be as effective? Can the employer offer incentives to encourage vaccination? Will employers continue to maintain health and safety measures such as masks and social distancing after employees are vaccinated? How should employers handle meet and confer or renegotiating existing MOUs?
- Determine when/where the vaccine will be available. Continue to follow all COVID-19 prevention measures. Be prepared for adverse reactions. Consider a staggered rollout for operational consistency. Litigation risks.