Should Your Company Insist on Vaccinations for Your Employees?

Whether to require employees to get COVID vaccinations is best left to individual employers to decide. Government mandates are generally unlawful.  

The United States Supreme Court ruled against the Biden administration. The ruling blocked employers from enforcing vaccine and testing mandates on large employers. However, a narrow exception was made for health care workers at facilities that receive federal money. 

So, should your company insist on vaccinations for your employees?  

Before requiring employees to get vaccinated, talk with a Maryland business attorney. There are several legal issues you should address regarding vaccination mandates by employers.  

Businesses owe a responsibility to their employees to provide a safe workplace. Therefore, federal and state laws should allow businesses to set workplace rules regarding COVID vaccinations and testing.  

Governments should support businesses in the fight against COVID instead of mandating vaccinations. Government agencies can assist employers as they set their own vaccination rules. For example, governments can help business owners develop a Workplace Vaccination Program.  

Matters of public health are for the public good. The actions of individuals have significant impacts on others. Therefore, the focus of a government vaccination policy should shift. Government agencies should work to convince citizens to become fully vaccinated voluntarily. By doing so, individuals limit the potential harm they cause to others.  

However, each individual’s situation is unique. Therefore, personal choices matter. Therefore, they must be factored into the decision about COVID-19 vaccinations for employees. 

What Are the Current Rules for Employers Requiring Employees to Get the Vaccine? 

The federal government may not legally mandate vaccination for employers. However, businesses can legally require employees to get the COVID-19 vaccination. 

The Equal Employment Opportunity Commission (EEOC) provided guidance for employers. It confirmed employers could require workers to be vaccinated as a condition of employment. However, there are exceptions and stipulations employers must follow. 

For example, employees refuse the vaccination for specific reasons. Reasons include: 

• Religious beliefs 

• Pregnancy 

• Disabilities 

• Medical reasons 

If so, the employer must make reasonable accommodations for these employees. However, employers are not required to make accommodations that cause undue hardships for the company. Additionally, employers may need to negotiate with unions before requiring employee vaccinations.  

Before mandating vaccines, seek legal advice from a Maryland business lawyer. You need a detailed, written policy regarding COVID-19 vaccinations for employees. Written policies protect all parties. They define exceptions to the vaccine policy. Agreements also state the consequences of refusing the vaccine. 

Things Employers Should Consider Before Implementing a COVID-19 Vaccination Requirement  

COVID-19 continues to spread freely throughout the United States. The pandemic has had significant impacts on our economy. As a result, many companies shut their doors for good. 

Employee shortages caused businesses to cut their hours. Many companies had to modify their work to adapt to fewer employees. Businesses cannot operate with employees. Frustrated and unhappy customer and clients leave. Therefore, companies might consider COVID vaccinations as a condition of employment.  

Benefits of a Mandatory Vaccination Policy at Work 

Unvaccinated employees may be at a higher risk of contracting COVID-19. A sick employee could cause other employees to get sick. The result could be a temporary shutdown. Requiring employees to be vaccinated can reduce this risk. 

There are potential benefits for employees who are vaccinated. Benefits include: 

• Reduce the risk of contracting COVID 

• May prevent long-term complications and illnesses 

• Reduces doctors’ visits and out-of-pocket health care costs 

• Protects earned time off by reducing COVID-related absences 

• Protecting the employee’s family and household members from COVID-19 

Keeping your workforce healthy and reducing absences is a benefit of requiring vaccinations. Additionally, vaccinated employees protect visitors, customers, and clients from the illness. Offering incentives to become vaccinated could improve employee morale and trust. It could also improve productivity. 

Potential Disadvantages of a Mandatory Vaccination Policy at Work 

As stated above, each person’s situation is unique. Therefore, a one-fits-all COVID vaccination policy will have problems.  

Issues that may arise with mandatory vaccination policies at work include: 

• Employees who have sincerely held religious beliefs about vaccines 

• Employees with valid health reasons for not taking the vaccine 

• Employees who have a disability that could make taking the vaccine risky 

• Discrimination claims for firing employees who have reasons for not taking the COVID-19 vaccine 

• Losing talented and skilled employees who do not want to take the vaccine  

• Providing paid time off for employees who have side effects from the COVID-19 vaccine  

• Polices for dealing with employees who refuse to submit proof of vacation or testing 

Mandatory COVID-19 vaccines at work could hurt employee morale. Unhappy employees decrease productivity and employee loyalty.  

Alternatives to COVID-19 Vaccination Mandates 

You want to protect your employees, customers, and clients. However, there may be other options. For example, instead of mandating vaccines, encourage employees to get vaccinated.  

Employee incentives for voluntarily getting the COVID-19 vaccine include: 

• Covering the costs of getting the vaccine 

• Allow employees to take the vaccine while on the clock 

• Provide paid time off if an employee suffers from side effects 

• Make obtaining the vaccine easy by offering the vaccines on-site 

• Develop vaccination education programs for employees and their families 

• Offer bonuses, paid time off, and other incentives  

However, you handle COVID vaccines and testing, you must treat all employees equally. You cannot choose employees at will to receive an exception or accommodation. Many people remain hesitant to get the vaccine.  

Contact Our Maryland Business Attorney for More Information About COVID-19 Mandates  

What works for other companies may not work for your company. A business owner must carefully consider all pros and cons of requiring vaccinations. You could discourage employees from working for your company if you require COVID-19 vaccines or testing. The type of business you conduct also is a factor. 

You must also consider how federal, state, and local laws affect a workplace vaccination policy. For example, labor, health, and discrimination laws could apply. Therefore, understanding these laws is crucial to avoid problems.  

Do you have questions about your workers and COVID-19 vaccines? If so, reach out to our office to schedule a consultation with our Maryland business lawyer. We help you understand the laws about COVID-19 vaccines and testing in the workplace.