Return-To-Work Vaccination Policies: What They Should, and Should Not, Say

by Kristen T. Gallagher

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As we emerge from the COVID-19 pandemic, employers are developing plans, protocols and policies for bringing employees back to work in the safest way possible. One of the most important policies being considered by employers would address one of the most common topics of concern for employees – vaccinations. Once an employer decides to create a vaccination policy, the major question is what should and should not be included in the policy. Employers must wade through a complex mix of legal, regulatory, operational, and employee relations factors when drafting a vaccination policy.

Kristen Gallagher, Chair of the Employment & Labor Law Practice Group at McDonald Carano, has been assisting employers of all sizes and types with their questions about vaccination policies. Below, Kristen shares her insights on the who, what, where, when, why and how questions that must be addressed in vaccination policies. Kristen also provides important words of caution about accommodation flexibility, employee privacy, proof of vaccination, and employee communication. Kristen also provided information in an article titled “What Should Be in a Vaccination Policy?” published by the Society for Human Resource Management.

  1. Why does the employer have a vaccination policy?

  2. Where and When does the policy take effect?

  3. Who must comply with the policy?

  4. What are the exemptions to the policy?

  5. How are employees’ rights protected?

  6. Words of caution about accommodation flexibility, employee privacy, proof of vaccination, and employee communication.

Read the entire article at the McDonald Carano website: https://www.mcdonaldcarano.com/news/return-to-work-vaccination-policies-what-they-should-and-should-not-say/

Gabrielle M. Brackett