Employers around the world are now facing a new set of difficulties as a result of the Covid-19 outbreak. Many organizations are debating whether they can mandate that employees receive the Covid-19 vaccine as vaccines become more accessible. The response to this query is not simple, though.
There are some circumstances in which employers cannot mandate that workers receive the Covid-19 vaccine, according to the Equal Employment Opportunity Commission (EEOC). For instance, the employer must make a reasonable accommodation if a worker’s disability prohibits them from receiving the vaccination. The employer must also make a reasonable accommodation if a worker’s serious religious convictions prevent them from receiving the vaccination.
It is significant to remember that companies cannot, under any circumstances, require employees to have the vaccination. However, the employer may be allowed to take disciplinary action, up to and including termination, if an employee refuses to have the vaccination and does not have a legitimate excuse.
Many companies are unsure of their obligations under the Families First Coronavirus Response Act (FFCRA), in addition to whether they can mandate that workers receive the Covid-19 vaccination. Certain employers are required by the FFCRA to offer paid sick leave and expanded family and medical leave for specific Covid-19-related causes.
Employers with fewer than 500 workers are subject to the FFCRA, which mandates that they offer paid time off to staff members who are unable to work (or telework) due to Covid-19 symptoms, have been advised to quarantine by a healthcare professional, or are providing care for someone who is required to be quarantined or has the illness.
It’s crucial to remember that the FFCRA was null and void as of December 31, 2020. However, the tax credits for businesses who voluntarily provide FFCRA leave have been extended through March 31, 2021, according to the Consolidated Appropriations Act of 2021 (CAA).
Finally, it’s critical to understand the differences between the Family and Medical Leave Act (FMLA) and the FFCRA. The FMLA is a permanent statute that mandates that certain employers grant job-protected leave for specific reasons, including the birth or adoption of a child or to care for a family member with a serious health condition. The FFCRA only gave temporary relief in relation to Covid-19.
The Covid-19 vaccine may be mandated by employers, although there are exclusions for those with impairments and those who practice certain religions. Additionally, employers are required to offer job-protected leave under the FMLA and paid leave for specific Covid-19-related causes under the FFCRA (which has expired but may be renewed through March 31, 2021).