Fixed Ops Magazine - 2021 Vol18 04 - 62

the incentive program should also be kept confidential
to avoid retaliation against those who can not or will
not participate.
WHAT ARE THE BEST INCENTIVES?
It is best to offer incentives that will motivate employees
to get vaccinated without making employees feel
pressured or coerced. Some good incentive examples
include:
* Offering paid time off for up to two days following
* Paying for any costs associated with the vaccination
*
Extra pay for hourly employees for a limited period
of time
* Gift cards for money or food
* Extra paid vacation days
* Some combination of the foregoing
Keep in mind that extra pay and cash bonuses may
trigger wage and hour issues under federal and state
law and must be considered in calculating overtime
compensation. Also, certain incentives may benefit the
company. Employers with fewer than 500 employees
can receive tax credit for providing paid time off for
each employee receiving the vaccine and for any time
needed to recover from the vaccine from April 1, 2021,
through September 30, 2021, under the American Rescue
Plan Act of 2021. Employers should consult an accountant
or their tax providers about how to track and
receive those credits.
SHOULD THE EMPLOYER OFFER THE
VACCINE AT WORK?
It is best not to offer the vaccine at your workplace. By
doing so, an employer may be opening themselves up
to additional problems and issues.
* The pre-vaccine qualifying questions would require
individuals to reveal protected medical information or
information concerning a possible disability.
* Employees with exemptions may feel pressured to
participate since it may be clear to the other employees
that they are not electing to get the vaccine. This
might be most evident when employees can see who
enters and leaves the designated vaccination area.
62
Alternatively, employers should encourage employees
to get vaccinated in the community by providing information
in newsletters, on their intranet, or via public
offers regarding how and where to get vaccinated.
Employers can also offer to assist employees in scheduling
vaccine appointments or in scheduling rides to
vaccine appointments.
CONCLUSION
Returning employees to work safely should always be
the goal of the employer. Incentive programs may light
the way forward for some employers to return to their
pre-pandemic business models by ensuring high vaccination
rates for their employees. Remember that in
doing so, it is important to avoid any anti-discrimination
behaviors by offering the right incentives or assisting
eligible employees in getting vaccinated. Also, be sure
to check ongoing and changing EEOC guidance. Finally,
keep all medical records including vaccination status
confidential to protect your employees' privacy.
Disclaimer: The information provided in this article is
for informational purposes only and not for the purpose
of providing legal advice.
Angela A. Cronk a leader
in Goldberg Segalla's
Employment and Labor
group, is a highly experienced
civil litigator
with more than 20 years
of experience handling
complex employment
and labor matters. Angela
defends employers,
health care facilities, and other professionals against
claims including discrimination, harassment, retaliation,
wrongful termination, and wage and hour matters in
state, federal, arbitration, administrative, and appellate
venues. She provides preventive and risk management
counsel on hiring practices, terminations, workplace investigations,
and crafting employee policies. She also
regularly defends against various claims made under
the Americans with Disabilities Act (ADA), Title VII, Age
Discrimination in Employment Act (ADEA), and Family
and Medical Leave Act (FMLA).
Fixed Ops Magazine - 2021 Vol18 04

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