Can employers require COVID-19 vaccinations for employees?

WORKERS TO GET IT. 12 NEWS’ CAROLINE REINWALD IS LIVE. CAROLINE, IS THIS LEGAL? >> JOYCE, THE SHORT ANSWER IS YES, EMPLOYERS CAN FORCE THEIR EMPLOYEES TO GET THE COVID VACCINE. BUT IT CAN BE TRICKY AND THERE ARE RULES TO IT. FOR MONTHS NOW, PLENTY OF COMPANIES HAVE ENFORCED CERTAIN COVID PRECAUTIONS. LIKE WEARING MASKS, TAKING TEMPERATURES, REPORTING DAILY SYMPTOMS OR EVEN REQUIRING TESTING. NOW IT COULD BE TELLING WORKERS TO GET VACCINATED. >> EMPLOYERS ARE CURIOUS TO THEIR OPTIONS. I THINK PEOPLE WANT THAT THEIR WORKFORCE IS SAFE. >> FIRST, THE VACCINE MUST BE FULLY LICENSED BEFORE EMPLOYERS MANDATE IT. EVEN THEN, SARAH PLATT, AN EMPLOYMENT ATTORNEY, SAYS CERTAIN EMPLOYEES COULD STILL BE EXEMPT. >> AN EMPLOYEE MAY HAVE A MEDICAL ISSUE THAT MAY PRECLUDE THEM FROM GETTING THE VACCINE. OR IN SOME SITUATIONS, MORE LIMITED SITUATIONS, RELIGIOUS ACCOMMODATIONS WHERE SOMEBODY HAS A SINCERELY HELD RELIGIOUS BELIEF THAT WOULD PRECLUDE THEM FROM GETTING THE VACCINE. IN THOSE CASES, COMPANIES WOULD EITHER NEED TO MAKE REASONABLE ACCOMMODATIONS. OR, IN AN INDUSTRY LIKE HEALTHCARE, THE EMPLOYEE MAY TAKE A LEAVE OF ABSENCE. PLATT SAYS SOME BUSINESSES MAY TAKE A LESS DIRECT APPROACH. >> I THINK EMPLOYEES MAY BE UNCOMFORTABLE JUST WITH THE NOTION THAT THE MAKING THEM DO IT. AND SO, I THINK IT’S MORE LIKELY THAT YOU’LL SEE WIDESPREAD ENCOURAGING OF THE VACCINES BY EMPLOYERS, MAYBE EVEN INCENTIVIZING EMPLOYEES TO GET THE VACCINATION. JOYCE: CAROLINE, CAN EMPLOYERS PICK AND CHOOSE WHO IS REQUIRED TO GET THE VACCINE? >> PLATT TELLS ME THEY CAN BUT IT NEEDS TO BE NEUTRAL. THEY CAN REQUIRE EMPLOYEES HANDLING FOOD FOR DEALING WITH CUSTOMERS FACE-TO-FACE, BUT THEY SIMPLY CANNOT

The COVID-19 vaccine will reportedly start being rolled out by the end of the year. Although officials have said it will likely be months before anyone other than frontline healthcare workers have access to the vaccine.The U.S. Centers for Disease Control and Prevention this week said health care workers and long-term care residents and staff will get top priority for the vaccine.With that in mind, some businesses are now looking into whether or not they can require employees to get the vaccine.According to state health officials, the vaccine first must be fully licensed. “Let me be clear, the committee was advised specifically not to address employer mandates," said Ann Lewandowski, who co-chairs the Wisconsin Disaster Medical Advisory Committee’s vaccine subcommittee. "What I’ve heard at the committee is that while the vaccine is authorized in emergency use, employers cannot mandate it if it’s not fully licensed. Of course, that’s a legal question and when it’s a legal question, employers will disagree."Lewandowski said she's waiting on a clear statement from the CDC and FDA on the legality of enforcing COVID-19 vaccinations in the workplace. Sarah Platt, attorney for Ogeltree Deakins, points out that for months now, many companies have already been enforcing COVID-19 precautions such as taking employees' temperatures, asking for daily symptom checks, requiring testing and enforcing masks."Employers are curious to their options," Platt said. "They want their workforce to be safe."Platt said while it is legal to require vaccinations, such as the flu, there are some restrictions. "An employee may have a medical issue that may preclude them from getting the vaccine or in some situations, more limited situations, religious accommodations where somebody has a sincerely held religious belief that would preclude them from getting the vaccine," Platt said. Platt said in those cases, companies would either need to make reasonable accommodations or, in an industry like health care, where vaccines are likely necessary, the employee would take a leave of absence. Platt said employees outside of those cases could be terminated for refusing to get the vaccine if their employer required it. However, many employers may take a less direct approach. If large groups of employees refused to vaccinate, employers could be faced with the choice to fire a large portion of their workforce. "I think there are some moral considerations. I think employees may be uncomfortable just with the employer making them do it," Platt said. "So, I think it's more likely that you'll see widespread encouraging of the vaccines by employers, maybe even incentivizing of employees to get the vaccination. I think it will be limited, likely, to higher risk industries where it's made mandatory."Platt said employers can also legally pick and choose who is required to get the coronavirus vaccine. However, they must be for neutral reasons, such as people who handle food or deal with customers face-to-face. Employers cannot simply require people with disabilities or underlying health issues to get vaccinated.

MILWAUKEE —

The COVID-19 vaccine will reportedly start being rolled out by the end of the year.

Although officials have said it will likely be months before anyone other than frontline healthcare workers have access to the vaccine.

The U.S. Centers for Disease Control and Prevention this week said health care workers and long-term care residents and staff will get top priority for the vaccine.

With that in mind, some businesses are now looking into whether or not they can require employees to get the vaccine.

According to state health officials, the vaccine first must be fully licensed.

“Let me be clear, the committee was advised specifically not to address employer mandates," said Ann Lewandowski, who co-chairs the Wisconsin Disaster Medical Advisory Committee’s vaccine subcommittee. "What I’ve heard at the committee is that while the vaccine is authorized in emergency use, employers cannot mandate it if it’s not fully licensed. Of course, that’s a legal question and when it’s a legal question, employers will disagree."

Lewandowski said she's waiting on a clear statement from the CDC and FDA on the legality of enforcing COVID-19 vaccinations in the workplace.

Sarah Platt, attorney for Ogeltree Deakins, points out that for months now, many companies have already been enforcing COVID-19 precautions such as taking employees' temperatures, asking for daily symptom checks, requiring testing and enforcing masks.

"Employers are curious to their options," Platt said. "They want their workforce to be safe."

Platt said while it is legal to require vaccinations, such as the flu, there are some restrictions.

"An employee may have a medical issue that may preclude them from getting the vaccine or in some situations, more limited situations, religious accommodations where somebody has a sincerely held religious belief that would preclude them from getting the vaccine," Platt said.

Platt said in those cases, companies would either need to make reasonable accommodations or, in an industry like health care, where vaccines are likely necessary, the employee would take a leave of absence.

Platt said employees outside of those cases could be terminated for refusing to get the vaccine if their employer required it.

However, many employers may take a less direct approach.

If large groups of employees refused to vaccinate, employers could be faced with the choice to fire a large portion of their workforce.

"I think there are some moral considerations. I think employees may be uncomfortable just with the employer making them do it," Platt said. "So, I think it's more likely that you'll see widespread encouraging of the vaccines by employers, maybe even incentivizing of employees to get the vaccination. I think it will be limited, likely, to higher risk industries where it's made mandatory."

Platt said employers can also legally pick and choose who is required to get the coronavirus vaccine.

However, they must be for neutral reasons, such as people who handle food or deal with customers face-to-face.

Employers cannot simply require people with disabilities or underlying health issues to get vaccinated.

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