Can Employers Make the COVID-19 Vaccine Mandatory?
Throughout 2020, COVID-19 caused major changes to the way that people go about their daily lives. For employers, COVID-19 has created major challenges. In addition to stay-at-home orders forcing employees to work from home, leave due to illness has become a recurring problem since returning to the office. In an effort to reduce the transmission of COVID-19, many employers wonder if they can make the COVID-19 vaccine mandatory.
Can Employers Require Vaccination?
Many employers already require employees to get their yearly flu vaccine. Schools and other organizations where employees are exposed to potentially vulnerable populations also require vaccines against measles, whooping cough, and other diseases. According to experts, employers can require employees to take safety measures to protect themselves and others. This includes vaccinations like the COVID-19 vaccine. However, requiring vaccination doesn’t necessarily mean employers can fire employees that refuse.
On December 16th, 2020, the Equal Employment Opportunity Commission (EEOC) provided answers regarding COVID-19 vaccination. Although employers can encourage or even require COVID-19 vaccination, their policies must comply with the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII) and other workplace laws.
What this means is that while employers can suggest or require vaccination, employees with religious objections or disabilities must be excluded or accommodated. In addition, employers may need to reach an agreement with unions before mandating vaccines with union-represented employees.
Increasing Access to Vaccines
As the number of COVID-19 cases fluctuates in California, many employers worry about the impact the virus will have on their workforce. Vaccination has the potential to reduce the number of sick days and health insurance spend companies incur. However, requiring vaccination might cause more problems than its worth.
Employers wishing to encourage employees to get the COVID-19 vaccine could benefit from removing all barriers that exist preventing vaccination. Taking effective measures to ensure employees have access to vaccination without incurring out-of-pocket expense can increase the number of employees willing to receive the vaccination.
Final Thoughts
It’s crucial that employers weigh their options before attempting to make vaccination mandatory. While patients do not have to pay for the COVID-19 vaccine, providers can still charge a fee for administering the vaccine. This fee is covered by most health insurance plans. Offering health insurance benefits to employees could increase the number of workers willing to receive the vaccine.
Employers interested in learning about available health insurance plans should speak with an experienced employee benefit specialist. MEBO works with organizations in California to develop benefit plans, customized to the needs and goals of each organization. Please contact us for information about our services or to schedule a consultation.
