On December 16, 2020, the Equal Employment Opportunity Commission issued guidance regarding whether employers can require employees to get a COVID-19 vaccine. Though it did not address the question directly, the guidance provided for possible exceptions to an employer mandate and outline concerns employers should address.
Notably, the EEOC addressed the impact such a policy would have on workers’ compensation and indicated that a vaccine mandate may require bargaining with unions, as a mandate would substantially impact employment.
Before implementing a vaccine requirement, the EEOC recommends the employer be prepared to pay for the vaccination, the time off to obtain the vaccine, and any sick leave employees may need after getting vaccinated.
To read this guidance, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.