Skip to content

Menu

ChannelsSubscribePublishers
Arizona Attorney Daily logo
About
Join
Search
Close

Employer considerations for COVID-19 vaccines

By Lauren Honea
March 7, 2021
Email this postTweet this postLike this postShare this post on LinkedIn
steven-cornfield-jWPNYZdGz78-unsplash COVID vaccine Photo by Steven Cornfield on Unsplash
Photo by Steven Cornfield on Unsplash

Recent news regarding COVID-19 vaccines seems to be overwhelmingly positive.  Johnson & Johnson has developed a single-dose COVID-19 vaccine which will soon enter manufacturing and distribution stages to eventually become widely available in the United States, along with the currently available Pfizer and Moderna vaccines which are now being administered to anyone 55 years or older in Arizona and essential workers, depending on state protocols.  With these positive developments, however, employers are now faced with the decision of what role vaccinations play in returning to the workplace.  In particular, employers must decide whether they want to require employees to receive a COVID-19 vaccination before returning to the workplace.

Fortunately, whether employers can require a COVID-19 vaccine before allowing employees to return to the workplace is clear.  Under the current state of the law, employers may require that employees receive the COVID-19 vaccination as a condition of returning to the workplace.  There are exceptions to this rule, however, of which employers need to be aware.  In particular, any such requirement is limited by the employees’ need for a medical or religious accommodation.  Further, employers must be careful not to run afoul of any already existing agreement with any union and to consider the need to bargain with any existing union.

Beyond the above, there are practical considerations to any COVID-19 vaccine policy.  In particular, although acceptance of the vaccine seems to be rising, some may still be hesitant to embrace the vaccine.  Further, unlike most policies, there are serious logistical considerations.  For example, if the vaccine is required, is it best to have the vaccination occur on-site?  If not required on site, what form of proof will be necessary and sufficient?

The above are just a few considerations regarding a COVID-19 vaccine policy.  Jennings, Strouss & Salmon will continue to monitor the guidance, regulation, law, and additional practical considerations related to COVID-19 as they continue to develop.  For more information on this topic, to ensure compliance with these complex issues, or for help drafting a COVID-19 vaccine policy, please contact Daniel J.F. Peabody or another member of the Firm’s Labor and Employment department.

ABOUT THE AUTHOR

Daniel J.F. Peabody is an attorney in the Firm’s Labor and Employment practice group.

Share
  • Share on Facebook
  • Share on Twitter
  • Share on Linkedin

About Jennings, Strouss & Salmon, P.L.C.

 

For over 75 years, Jennings Strouss has been dedicated to providing clients with strategic legal guidance to help them seize every opportunity. The firm is well-known for its rich heritage, commitment to community, and long-lasting relationships. We have a deep understanding of business and law. When you work with us, you’ll have a team of legal experts who are dedicated to your vision of success.

Through our offices in Phoenix, Peoria, and Tucson, Arizona, and Washington, D.C., we leverage resources both regionally and nationally to serve our expanding client base. Jennings Strouss is deeply rooted in each of our locations’ legal and business communities, and is especially instrumental in helping shape the dynamic growth of Arizona and many of its institutions. The firm promotes a pragmatic, results-oriented approach, coupled with a healthy, well-managed, and friendly atmosphere of collaboration.

Our primary areas of practice include advertising and media law; agribusiness; automobile dealership law; bankruptcy, restructuring, and creditors’ rights; construction; corporate and securities; eminent domain and condemnation; employee benefits and pensions; energy; estate planning and probate; family law and domestic relations; finance; healthcare; insurance defense; intellectual property; labor and employment; legal ethics; litigation; medical malpractice; mergers and acquisitions; professional liability defense; real estate; surety and fidelity; and tax.

For additional information, please visit www.jsslaw.com and follow us on LinkedIn, Facebook, and Twitter.

The post Employer Considerations for COVID-19 Vaccines appeared first on Jennings Strouss.

  • Posted in:
    Featured, Health Care
  • Blog:
    COVID-19 Law Blog
  • Organization:
    Jennings, Strouss & Salmon, PLC
  • Article: View Original Source

Get the Front Page News

Receive Arizona Attorney Daily Front Page Updates by email

Subscribe to our feed

State Bar of Arizona logo
RSS Facebook LinkedIn Twitter
State Bar of Arizona
4201 N. 24th St., Suite 100
Phoenix, AZ 85016-6266
Phone: 1-602-252-4804
Privacy PolicyDisclaimer

The State Bar of Arizona is a non-profit organization that operates under the supervision of the Arizona Supreme Court. The Bar regulates approximately 18,500 active attorneys and provides education and development programs for the legal profession and the public. The Bar’s mission states that it exists to serve and protect the public with respect to the provision of legal services and access to justice.

Read More...
Copyright ©2023, State Bar of Arizona All Rights Reserved.
Legal content Portal by LexBlog LexBlog Logo