For the most part, it is permitted to mandate all employees get a flu vaccine. Nonetheless, there are several exceptions.
Exception #1: Employees may have a religious objection to vaccines.
Exception #2: Americans Disabilities Act, a qualifying disability (like those listed by the CDC) which puts someone at an increased risk of a possible side effect(s).
What If An Employee Refuses To Get Vaccinated?
As per the EEOC, a COVID-19 vaccination would not be treated as a medical examination; therefore, it can be required as a condition of entering the workplace.
If an employee seeks an exception due to disability, under ADA employers are required to seek reasonable accommodation (such as remote work). If an employer cannot accommodate an employee, an employer may exclude the employee from the workplace if it can be proven that this employee is a “direct threat.”
If an employee seeks an exception due to religious belief/practice, Title VII legislation requires that employers look to offer reasonable accommodation, although in this case only if doing so won’t cause ‘undue hardship’. If this isn’t possible, an employee may be excluded from the workplace. NOTE: Excluded from the workplace doesn’t necessarily mean their employment can be terminated.
Important Note: Creating Your COVID-19 Vaccination Policy.
The decision about whether to implement a COVID-19 vaccination policy will generate controversy and consequences. However, your organization needs to decide if having unvaccinated employees constitutes a health risk for customers/clients and/or other employees.
To help you increase the number of vaccinated employees at your business, you might want to consider the following tips:
Host an on-site vaccination drive.
Provide an incentive to get vaccinated.
Advise all unvaccinated employees that they must wear a mask while working (or be discharged).
Executive Summary: When creating a vaccination policy, employers should take into account its local/state laws, and bear in mind that their right to mandate vaccines may be altered when dealing with unionized employees.
MiapayrollcenterHow To Create A COVID-19 Vaccination Policy For Your Employees
Yeimilyn Lorenzo, MBA, PHR, SHRM-CP
Lead Human Resources Consultant
With over 16 years of comprehensive HR experience, Yeimilyn energizes our clients to develop smart and efficient employee management practices. Her specialties include compliance with all HR employment laws (FLSA, FMLA, OSHA, ADA, EEO, among others), payroll processing, dealing with difficult employees, hiring, training and retaining all-star teams, creating an employer brand, and overall process efficiency and improvement. She’s a member of the Society for Human Resources Management and previously served on the Board of Directors of the Greater Miami Society for Human Resources Management as Vice President of Membership and on the Diversity & Inclusion and Professional Development Committees.
Cofounder/Client Service Supervisor
Willy Muniz is one of the Cofounders of Miami Payroll Center. With 17 years’ experience in the payroll industry, his expertise lies in relationship-management ensuring our clients’ needs are met and the highest levels of customer satisfaction achieved. His focus is on growing business relationships with current clients and bringing new companies of all sizes onboard. Willy’s passion as a business owner is ensuring our clients understand the full potential of our products and services and how it can transform the way they do business
Cofounder/Payroll Accounts Director
Susy Muniz is one of the Cofounders of Miami Payroll Center with 17 years of payroll and tax compliance experience. She is known for taking the reins and assisting clients with the most challenging of obstacles to make a difference in their businesses. Her specialties include client implementation, compliance with all tax laws, Workers Compensation policy administration and payroll requirements across the 50 states. Susy’s passion as a business owner is to promote small businesses, find smart solutions to challenging problems, encourage business owners and their teams, and to further Miami Payroll Center’s work as a group of talented and ethical professionals.
Business Development Officer
Rene Cibran has over 28 years of industry experience in payroll, human resources and financial services. As Business Development officer for Miami Payroll Center, Rene helps employers reduce the high cost of essential business services such as Payroll Processing, Workers Compensation, Human Resources and Major Medical Insurance plans. Rene has been licensed since 1995, as an insurance agent and financial advisor with a proficiency in Employee Benefits, Retirement Planning and Long Term Care. Mr. Cibran has received numerous awards during his extensive tenure in employer services and is committed to giving back to the community. Rene currently serves on the Board of Directors for South Florida Hispanic Chamber of Commerce and has been involved with the Alzheimer’s Association, Pancreatic Cancer Action Network, and is a former board member of the Alliance for Aging. Mr. Cibran has a Master’s Degree in Business Administration (MBA) from Nova Southeastern University and received his Bachelor’s Degree from Florida International University.
Cofounder/Human Resources Consultant
Alex Santos, M.S., M.B.A., S.P.H.R., is a senior human resources and instructional systems designer with over 20 years of professional experience. Alex’s work in private industry has focused heavily on the development of learning systems that transform employee performance from ordinary to remarkable. Alex’s expertise lies in building systems that support and reward service excellence at every level of the organization. He accomplishes this by combining organizational development strategies and tactics with blended (both online and offline) learning programs with line-of-sight alignment to clearly defined performance goals.
He earned his Master of Science in Instructional Systems from The Florida State University in ‘96, and his Master of Business Administration from The University of Miami in ‘03. In addition, he holds the coveted Senior Professional in Human Resources certification from the Human Capital Institute.