COVID-19Employment Law

Mandatory Vaccine for Employees? No Clear Answer – Yet.

I came across an article on WFMZ-TV 69 News Bucks County says employees at long-term care facility who don’t get vaccine risk losing their jobs. As the title of the article states, employees who refuse to get vaccinated may find themselves without a job. The facility discussed in the article is Neshaminy Manor which is owned by Bucks County.  I found it Interesting that 95% of the residents signed up for the vaccine and only 45% of the employees signed up for it.

According to the article, employees who do not get vaccinated by the end of March face job termination. County officials say that medical and religious exemptions will be considered on case-by-case basis.

The EEOC has not issued clear guidance on whether or not vaccines can be mandated in the workplace. However, Pennsylvania’s Department of Public Health has taken a position. The Department will not make vaccines mandatory in the Commonwealth. Further, it will not advise health systems, hospitals, counties, and other health facilities to mandate all employees to receive the vaccine.

Because of the newness of the vaccine, these issues are evolving. Therefore, it is unclear if you will have to take the vaccine if your employer says that you must. If you find yourself in this position, please give me a call. Until there is more guidance, each situation needs to be analyzed by the facts.

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