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Employers exploring whether they can require COVID-19 vaccinations

December 2020 employment law letter
Authors: 
Charlie Plumb, McAfee & Taft

Recent days have brought encouraging news about the development of COVID-19 vaccines. The prospect of vaccines being available in early 2021 has caused employers to begin considering whether they will require employees to obtain a coronavirus vaccination as a condition of employment. Your employees may have very strong feelings on the subject. Some people may choose not to take a vaccine, so an employer-mandated vaccination requirement will likely encounter significant pushback. For employers, reaching a decision on a vaccine policy triggers practical and legal considerations.

Mandatory vaccination policies

As a general rule, you have the right to set reasonable health and safety policies for your workplace. This may include requiring employees to be vaccinated for the coronavirus. A mandatory vaccination policy can be particularly appropriate for healthcare employees, workers in nursing or assisted living facilities, or businesses whose employees have extensive face-to-face contact with the public, such as those in the retail and hospitality industries.

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