HRO Today March 2021 - 16

COVID-19: ONE YEAR LATER
employers to establish a qualification standard that
requests that " an individual not pose a direct threat
to the health or safety of others in the workplace. "
Therefore, according to the current guidance from the
EEOC, requiring employees to get a COVID-19 vaccine
does not violate federal law as the virus presents a
" direct threat. " However, an employee could have a
medical condition, perhaps including pregnancy, that
would be considered a disability under the ADA, or a
covered condition under state or local laws that may
impact their ability to receive the COVID-19 vaccine.
In other cases, an employee may have a sincerely
held religious belief that prevents them from being
vaccinated. In both circumstances, such employees may
be eligible for a reasonable accommodation from their
employer.
It's important to note that employers who request or
require their employees to be vaccinated may also need
to compensate non-exempt employees for their time
spent obtaining the vaccination, including traveling to
and from the vaccination site.
Other employers may seek to implement a plan
that encourages but does not mandate vaccination.
Employers should research any potential incentive offer
they are considering making available to those who
receive a COVID-19 vaccination. Incentive examples
could include things like company merchandise (water
bottles, apparel, etc.); a set amount of paid time-off
to receive a COVID-19 vaccination; flexible scheduling
options so that employees are able to receive both doses
of the vaccine as it becomes available; or a one-time
payment to employees who can prove that they are fully
vaccinated.
It's important to note that depending on the type of
incentive and the type of information that employers
require from their employees, some incentive programs
may fall under the rules governing employer wellness
programs. Therefore, employers are encouraged to
consult with their legal counsel before implementing
any incentive program to help ensure compliance with
applicable federal, state, and local laws.
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Clearly communicate. Once businesses have
developed their plan related to COVID-19
vaccinations, it will be crucial to clearly,
consistently, and proactively communicate it to
employees. As much as employers are feeling the
weight of the COVID-19 pandemic, employees are
HRO TODAY MAGAZINE | MARCH 2021
feeling it, too. Efficient communication is paramount for
maintaining a strong, positive company culture.
After consulting with their legal counsel, employers
who plan to mandate COVID-19 vaccinations for some or
all of their employees should effectively communicate
their reasoning to employees and their plans related to
reasonable accommodations. Offering a consistent and
clear message regarding the plan suggests transparency
and can mitigate future confusion or complaints.
Companies that span across multiple states may also
need to develop localized vaccine policies depending on
local and state laws.
Employers who plan to encourage employees to receive
the COVID-19 vaccination-including those who plan to
implement an incentive program-should also plan to
communicate proactively with employees.
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Seek out valuable resources. As always throughout
the pandemic, the priority of every HR leaders
should be helping to maintain the safety of
employees and complying with applicable federal, state,
and local laws and regulations. As such, employers must
take the time to weigh the risks and responsibilities in
relation to various COVID-19 vaccine policies.
If an employer is considering a mandatory vaccination
plan or incentive program, they should seek legal
counsel as there continue to be many unknowns related
to such programs. With guidance, employers can better
understand the potential risks associated with their
policy making, which will in turn enable them to make
more informed decisions for their business.
What's Best for the Business
Questions are swirling for HR managers about how to
implement a COVID-19 vaccine policy as vaccines become
more widely available to the public. Can employers
mandate that employees get the vaccine-and is that
the right thing to do? Should employers encourage
employees to get vaccinated? What potential liabilities
come along with that decision? These questions and
more are on the minds of HR professionals. By building
out a comprehensive strategy early on and getting buyin
from leadership, HR professionals can feel confident
knowing that their COVID-19 vaccine policy will help
keep their employees and customers safe.
Kate Hill is employment law compliance analyst for Paychex.
HRO Today March 2021

Table of Contents for the Digital Edition of HRO Today March 2021
