COVID-19 Vaccine – Can Employers Make it Mandatory for Employees?January 15, 2021With news that the Food and Drug Administration has granted emergency use authorization for multiple COVID-19 vaccines, many of our friends in the construction industry have asked whether they can require or mandate that their employees receive one of the vaccines.
The Equal Employment Opportunity Commission recently updated its guidance on COVID-19-related employment issues to indicate that employers may implement mandatory vaccination programs, subject to specific limitations. However, given the novelty of the situation and the potential difficulties involved in implementing such a program, the more conservative approach for employers would be to simply “strongly encourage” employees to receive a vaccine.
Ultimately, each employer must determine which option is the most appropriate for its workforce. To read more about the concerns and legal grounds that employers should weigh in making that determination, click here.
Contact:Daniel McLennon, Partnerdfmclennon@smithcurrie.com, (415) 394-6688
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