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If you're wondering whether your employer can require you to get a COVID-19 vaccine to return to work, the short answer is yes.But that doesn't mean employers won't face a "legal minefield" if and when they decide to implement a vaccination policy.
Although employees can be required to take a test as a precondition of their returning to work, according to trial attorney Misty Marris, "there is no world where there is a COVID-19 mandatory vaccination policy that doesn't have exceptions to it.".For both public and private employers this may mean encouraging employees to get vaccinated or implementing mandatory vaccination programs."While there is nothing that says it's illegal" for an employer to have mandatory vaccination program, that doesn't mean it isn't a thorny, thorny road."."In the context of a vaccine, an employee could ask for an exemption to a mandatory vaccination on the basis of religion," Marris said, adding that the employer is then required to consider whether the accommodation can be granted.Market data provided by Factset