COVID-19 Vaccine: How Should Employers Respond?

Chris Freitas • 29 December 2021
covid-19 vaccine

 

Life is slowly returning to post-pandemic normalcy, but as an employer, you’re likely still facing some business challenges. One of which is on every boss’ mind: whether you can and should require employees to get vaccinated. A balance must be struck between keeping your workforce safe and dealing with employees who refuse to get the shot.

 

 

You’re also considering how to keep workers safe as they transition from working remotely to on-site. To help you navigate these challenging and sensitive issues, read on for our guide to handling the COVID-19 vaccine and returning to on-site employment.

 

REQUIRING THE VACCINE

 

Mandatory vaccines appeal to some employers. Benefits include workers feeling safe, a decreased risk of the virus spreading in the workplace, reduced absenteeism, and higher productivity levels.

 

The Equal Employment Opportunity Commission (EEOC) updated its guidelines to allow employers to mandate the vaccine if their staff is working in an office or shared workspace. That means you can require employees to get vaccinated as a condition of employment (or at least as a condition of returning to the office).

 

If you are worried about whether asking employees about their vaccination status is a HIPPA violation, have no fear. You may ask! According to the U.S. Department of Human Health and Services, the privacy rules prohibiting vaccination questions do not apply to a high majority of employers!

 

As far as the federal government goes with requiring vaccines: President Biden issued a vaccine mandate through the Occupational Safety and Health Administration (OSHA), demanding all companies with over 100 employees to require vaccination or weekly testing. The order's constitutionality is currently being litigated in the courts, but if it stands, companies will need to be ready to comply or face steep financial penalties.

 

In the meantime, if you require the COVID-19 vaccine, some suggestions on how to execute that effectively include:

 

DECIDE HOW YOU’RE GOING TO CONFIRM VACCINATION STATUS.

 

If, for example, you request employees’ vaccination cards as proof, make a copy and maintain it with each person's medical file. Assure employees that their information will be kept confidential. Another possible option is to take their word for it without requiring documentation.

 

STATE THAT YOU’LL CONSIDER ACCOMMODATION REQUESTS ON AN INDIVIDUAL BASIS.

 

If you are going to require documentation, let employees know that you’ll consider exemptions to the policy if necessary.

 

LEAD BY EXAMPLE

 

If you choose this route, lead by example by vaccinating management first. By seeing the company leaders adhere to the policy, employees will be inspired to follow suit. Removing suspicion of any double-standard for those at the top and bottom is a great way to show fairness in your organization.

 

WHAT ABOUT BOOSTERS?

 

The issue of required vaccination gets a lot more complicated now that booster shots are in play, especially since there are now three follow-up shots.

 

As an employer, you will have to decide whether the first shot is enough or if employees need subsequent boosts. Whatever you decide, every person in America over the age of 16 qualifies for a booster shot, according to the Center of Disease Control (CDC).

 

WHEN WORKERS REFUSE THE VACCINE

 

Whether you require employees to get vaccinated or just strongly encourage it, you’re bound to run into some resistance. In fact, according to a recent Society of Human Resources Management (SHRM) report, 28% of people said they were willing to lose their jobs if their employer required them to get a vaccine.

 

So, what can you do? According to the EEOC and the Title VII of the Civil Rights Act, employees can legally refuse the vaccine if they have an underlying medical condition or conflicting religious beliefs. In those cases, the EEOC requires employers to provide reasonable accommodations to employees, such as allowing them to work remotely, wear a mask, practice social distancing, work modified shifts, or undergo periodic testing – as long as these accommodations don’t cause your business undue hardship.

 

If you’re going to accommodate an employee with a legitimate exemption, fully document the process and ask the employee to sign off each step of the way. This will protect you and your business from potential legal actions from other employees or the government. 

 

But what if an employee doesn’t qualify for a typical exemption and still refuses the vaccine? Try these steps:

 

MEET WITH THE EMPLOYEE ONE-ON-ONE AND WELCOME THEIR QUESTIONS.

 

Vaccine hesitancy can include anti-vaccination beliefs, health concerns, a personal cost-benefit analysis, misinformation, etc. Even if you disagree with your employee's reasoning, listening and validating their concerns is important.

 

If open to conversation, from a place of mutual understanding, you can have a conversation rather than an argument—which no one wants. After letting your employee air his concerns, you should speak to the reasons why you trust the vaccine and the benefits it will bring to the workplace.

 

OFFER THE CHANCE FOR THE EMPLOYEE TO LEARN MORE.

 

Prepare some resources to help reluctant employees feel comfortable with the vaccine. The CDC, for instance, offers information on the vaccine that you can share. If they’re skeptical about the side effects, encourage them to speak with a doctor and vaccinated colleagues.

 

The aim is for them to discover the extraordinary safety and benefits of the vaccine in a way that makes them want to get the vaccine rather than being forced.

 

REVIEW THE CONCERNS WITH HR AND THE EMPLOYEE’S SUPERVISOR.

 

If you aren’t able to come to an agreement with the employee, set up a meeting with HR and the employee’s supervisor. There may be creative solutions to this impasse. For example, perhaps the employee can continue working remotely through the end of the year.

 

THE ALTERNATIVE TO MANDATORY VACCINES

 

Some companies prefer to avoid the legal issues of mandatory vaccines and instead are opting for a looser approach, offering incentives for vaccination. 

 

Some possible incentives include:

 

  • Offer paid time off while the employees are receiving the vaccine and recovering from side effects
  • Pay for any vaccine-related costs or offer the vaccine on-site at no cost
  • Provide financial rewards such as cash bonuses, retirement contributions, and gift cards
  • Extend non-financial rewards such as wellness program reward points (through insurance providers) and prioritization to return to work on-site

 

Sometimes, just making the process as simple as possible can make the difference. In fact, 45% of employees in a recent McKinsey survey said they’d be more likely to get the vaccine if their employer took steps to make the process as convenient and costless as possible. That might mean booking vaccination appointments for employees, providing on-site vaccinations, or partnering with local transportation services to offer free rides to vaccine appointments.

 

WHAT TO DO WHEN EVERYONE GETS THE VACCINE

 

Studies have shown the COVID-19 vaccines are 95% effective in providing virus protection. So, when everyone receives the vaccine, can everyone return to business as usual?

 

The answer depends on your location, industry, and employees’ comfort level. Some states have already lifted mask mandates for vaccinated individuals. However, no matter what the government dictates, businesses can still require masks regardless of vaccination status. In the healthcare business, masks are still required.

 

We're still living in a state of flux, where restrictions differ from place to place, and new COVID-19 strains continue to emerge. So while we await more consistent restrictions, ask employees to:

 

  • Stay home when they’re not feeling well
  • Socially distance when possible
  • Wash hands often
  • Clean and disinfect work surfaces

 

TRANSITION TO ON-SITE EMPLOYMENT

 

You’re ready to start bringing workers back on-site. Some employees may be anxious to return to the structure and routine of the office, and others may be reluctant to part with the comforts of at-home workspaces. As you transition, here are some strategies to consider:

 

COMMUNICATE EXPECTATIONS EARLY.

 

Before employees return to the office, reach out with detailed expectations of how and when they should return. Some employees might need some extra time to arrange childcare, which means they may not be able to join their co-workers at the office right away. Ask employees to contact managers with their specific questions and concerns.

 

SOLICIT EMPLOYEES’ INPUT.

 

Since the switch from remote work will likely be difficult for some, make sure employees know you’re open to their ideas on creating a smooth and efficient transition process. Send out an anonymous survey asking them to share their input. Or have managers hold one-on-ones with individual employees so they can iron out any issues before the return.

 

DEVELOP AN EDUCATION CAMPAIGN FOCUSING ON HEALTH AND SAFETY IN THE WORKPLACE.

 

Assure employees you’ll be meeting federal, state, and local health and safety guidelines, and detail all of the risk-limiting procedures you’ll be taking. Be specific, listing your increased cleaning and sanitizing protocol. Place posters in common employee areas and near restrooms, that remind employees to wash hands often and maintain a social distance when possible. If you require masks for at least some parts of the workday, let them know those guidelines.

 

ROLL OUT A GRADUAL RETURN.

 

To help ease the transition, many employers require workers to come in person for two or three days a week, with the idea of eventually working up to a full week once all staff receives their vaccines. Another idea is asking employees to start reporting on-site for team meetings.

 

OFFER STAGGERED SHIFTS.


To help ease the transition, many employers require workers to come in person for two or three days a week, with the idea of eventually working up to a full week once all staff receives their vaccines. Another idea is asking employees to start reporting on-site for team meetings.

 

Even working from home one day a week can bring employees a lot of empowerment and enjoyment. Working from home can break the feeling of being stuck in a rut and shows your employee you trust them to do their work without being monitored. 

 

LISTEN TO EXTENDED REMOTE WORK REQUESTS ON AN INDIVIDUAL BASIS.


According to a LiveCareer study, 61% of employees want to keep working in a remote capacity indefinitely. If certain employees want to keep working from home, consider their requests, as well as their track record for productivity and success during remote work. If you have a large number of employees who prefer teleworking, it may be best to offer a hybrid work schedule so they can continue to enjoy some flexibility while still accomplishing necessary in-person work activities.

 

REVIEW ATTENDANCE POLICIES.


You may need to update your paid time off and sick leave policies to ensure employees only report to work when they’re feeling well. This could mean increasing the number of PTO or sick days or allowing them to work remotely when they are sick. 

Contact Us

KBI BENEFITS: EXPERT GUIDANCE FOR A COMPLEX SITUATION


Navigating post-pandemic challenges will be different for every workplace. As your employees return to the office, you’ll likely encounter some complex and delicate issues as you aim to provide a safe and healthy workplace. If you need more specialized guidance and solutions, the experts at KBI Benefits can help. We can offer tailor-made solutions to fit your business, easing the transition and ensuring legal compliance every step of the way.


To find out more about how we can help your company, contact us today using our online contact form or call us at 408-366-8880.


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