VACCINE-RELATED ACTIONS THAT EMPLOYERS ARE PERMITTED TO TAKE:

  • Mandate that all or certain subsets of employees get the vaccine, subject to applicable state law.
  • Require employees to provide proof of vaccination.
  • Require COVID-19 testing for unvaccinated employees working onsite.
  • Require onsite work, subject to requests for accommodations.
  • Keep employee mask mandates in place.
  • Remove employee mask mandates, subject to applicable state and local law.

VACCINATION POLICY QUESTIONS TO CONSIDER:

  • What will the vaccine policy be for employees, visitors, vendors, and/or customers?
    • If so, in what circumstances?
    • If so, what types of proof of vaccination will be accepted?
    • If so, is there a process in place to ensure confidentiality of health records?
  • Is a process in place for medical, pregnancy, and religious related accommodations to any vaccine policy?
  • What action, if any, will be taken for refusing to follow the policy?
  • Are incentives being offered to encourage vaccination?

MASKING POLICY QUESTIONS TO CONSIDER:

  • Will the masking policy be amended or eliminated for employees, visitors, vendors, and/or customers?
    • If so, is the update consistent with applicable state and local orders?
  • If so, is the update consistent with current CDC guidance?
    • If so, what, if anything, will be done to ensure unvaccinated workers continue to wear masks?
    • If so, will proof of vaccination and/or a verification be required?
    • If so, are bracelets, stickers, or other identifiers be used to distinguish employees, and have implications of these been considered?
  • Has it been considered that removing masks at work may alienate certain employees?
  • What if an employee wishes to continue to wear a mask?
  • What if an employee wants to work remotely in response to a change in masking policy?
  • What if an employee asks for individuals around them to wear masks?