VACCINATION MANDATES: BLOG SERIES PART 3
We are continuing our efforts to provide employers with answers to questions raised by the OSHA ETS and CMS emergency regulation. Today we will be focusing on what portions of a mandatory vaccination policy looks like and what the ETS requires an employer to be within such a policy. Future blogs will go into more depth on certain aspects of the issues covered below.
As a refresher, what types of policies does the OSHA ETS require employers to implement?
The OSHA ETS requires employers to implement either:
1. A Mandatory Vaccination Policy; OR
2. A COVID-19 Vaccination, Testing and Face Covering Policy.
This blog will focus on the first option, we will discuss in detail the second option in another post.
What needs to be included in a Mandatory Vaccination Policy?
Covered employers who choose to implement a Mandatory Vaccination Policy will need to include the following elements to comply with the OSHA ETS:
- A statement that the policy applies to all employees, except those who are generally excluded from the ETS, as discussed in part 2 of this blog series, and those employees who are granted a medical or religious exemption.
- An employer’s policy on how (and to who) employees are required to submit individual vaccination status, the acceptable forms of proof of vaccination, and the deadline employees must report this information to the employer.
- How the employer will be “supporting COVID-19 Vaccination”
o This portion of the policy must include language which provides up to four (4) hours of paid time off to employees to receive each vaccination dose(s) and reasonable time or sick leave for recovery from side effects following any vaccination.
§ Employers only need to provide paid time off for employees who receive their vaccine during an employee’s regular work hours.
§ Employers will also need to decide what “reasonable time” or sick leave they will offer to employees recovering from vaccine side effects as the ETS does not provide any specific requirements.
- Procedures that require employees to provide notice if they receive a positive COVID-19 test; procedures on removing the employee from the workplace if they test positive for COVID-19; and return to work criteria.
- Accommodations that will be provided to employees who receive a medical or religious exemption from the policy.
o Pursuant to the ETS, the accommodation that should be required is weekly COVID-19 testing and continued face coverings. Employers, however, may implement additional accommodations beyond those required of the ETS.
Stay tuned for the next part of this continuing blog series. For questions about how this might affect your workplace or any other labor and employment law topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay updated on key labor and employment law developments that effect your workplace, be sure to subscribe to our blog and follow us on social media.