E&L Insight: What Employers Need to Know About Vaccine Mandates

About Employment & Labor

With the Delta variant surging across the country, many employers are implementing mandatory vaccine policies. But rolling out a vaccine requirement can be a delicate balancing act, so how should employers face this issue?

When inquiring about employees’ vaccination status, offering incentives, or implementing education campaigns are not sufficient, ultimately employers may mandate the vaccine. Employers wishing to mandate the vaccine should develop a clear policy that outlines:

• A definition of what it means to be “fully vaccinated.” For example, some employers are defining that term to mean that 14 days has passed since either the second shot of a Centers for Disease Control and Prevention (“CDC”) or World Health Organization (“WHO”) approved two-shot vaccine or since the administration of a CDC or WHO approved one-shot vaccine.
• A precise and prospective deadline for being vaccinated or requesting a reasonable accommodation exemption to the policy based on disability or a sincerely held religious belief.
• A definition of what constitutes acceptable “proof” of vaccination and when that proof must be provided to the employer.
• The opportunity and process for requesting a reasonable accommodation exemption based on disability or a sincerely held religious belief.
• An explanation of how the mandatory vaccination policy works with, and not as a substitute of, other COVID-19 prevention measures.
• The disciplinary actions for failure to comply with the mandatory vaccination policy.

Remember, communication is key, and employers should distribute a written communication to all employees stating the basis of the policy and their expectations. In implementing the policy, employers must keep proof of vaccination confidential, review and act upon requests for exemptions, and discipline employees who do not comply with the policy in a consistent manner.

Ulmer’s Employment & Labor Practice Group is available to provide strategic advice and counseling to employers navigating the challenges of the COVID-19 pandemic. Please reach out to our attorneys if you have any questions.

The information provided in this insight speaks only to the information and guidance we have available as of the date of publication and is subject to change. We will continue to follow further issued guidance and regulations and endeavor to post those updates via our website. Please continue to follow these updates at ulmer.com. This insight was created by Ulmer & Berne LLP, and is not intended as a substitute for professional legal advice. Receipt of this insight, by itself, does not create an attorney client relationship. For any questions, or for further information, please contact Joseph J. Brennan at jbrennan@ulmer.com.