The Law Q&A | Just the facts: Mandatory vaccinations and the workplace - Champaign/Urbana News-Gazette
What are the new regulations issued by the U.S. Department of Labor that require certain private employers to have all their employees be vaccinated against COVID-19?
Here are the highlights:
Employers with 100 or more employees are required to have all workers vaccinated by Jan. 4, 2022. This requirement does not apply to employees who (i) do not report to a workplace where other individuals such as coworkers or customers are present; (ii) work from home; or (iii) work exclusively outdoors.
Vaccination requirements also do not apply to employees (i) for whom a vaccine is medically contraindicated; (ii) for whom medical necessity requires a delay in vaccination; or (iii) who are legally entitled to a reasonable accommodation under federal civil rights laws because they have a disability or sincerely-held religious beliefs, practices or observances that conflict with the vaccination requirement.
If the worker requesting a reasonable accommodation cannot be vaccinated and/or wear a face covering because of a disability, as defined by the American Disabilities Act, the worker may be entitled to a reasonable accommodation.
Employers may be exempted from requiring mandatory vaccinations only if the employer establishes, implements and enforces a written policy allowing any employee not subject to a mandatory vaccination policy to choose either to be fully vaccinated against COVID-19 or provide proof of regular testing for COVID-19 and wear a face covering. Within 60 days of Friday, an alternative weekly testing program must be set-up by employers.
Regular testing means that for every seven days in the workplace, the employee must be tested for COVID-19 once every seven days and provide documentation of the most recent test result no later than the seventh day following the day the employee got the result.
The employer must provide a reasonable amount of time to each employee to complete their primary vaccination dose(s) and provide up to four hours paid time, including travel time, at the employee’s regular rate of pay for this purpose. The employer must also provide reasonable time and paid sick leave to employees to allow for recovery from side effects experienced following any vaccination dose to each employee.
The employer must determine the vaccination status of each employee. Acceptable proof is vaccination cards or other medical records provided by the employee. Each employee must promptly notify the employer when they receive a positive COVID-19 test or are diagnosed with COVID-19 by a licensed health care provider. An employee with COVID-19 must be immediately removed from the workplace.
The regulations do not require the employer to pay for any costs associated with testing; however, employer payment for testing may be required by other laws, regulations, collective bargaining agreements or other employer-employee agreements.
Failure by employers to comply and/or report to the Department of Labor their compliance with these rules can result in fines. Failure by employees to comply with the requirements under these rules could result in discipline or termination by their employers.
In a lawsuit filed in Louisiana challenging these regulations, one federal court has issued an order temporarily halting the implementation of these rules. Lawsuits are pending in at least four other federal courts.
The legal war against trying to end the spread of COVID-19 remains as persistent as COVID-19 itself.
source: https://www.news-gazette.com/opinion/columns/the-law-q-a-just-the-facts-mandatory-vaccinations-and-the-workplace/article_99fe444f-3f19-558e-ba51-799a2bb944c7.html
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