Need Professional Help? Talk to an Employment Rights Attorney.
Other Articles by the Author
Can your employer require
you to be vaccinated? Can’t return to work due to COVID-19? Read below to learn
more:
Wondering
if your employer can require you to take the vaccine?
Yes, your employer
may require you to get a vaccine in order to return to work or you may be laid
off and/or terminated.
Like everything
else in the law, there are exceptions! For example, employees may not be
required to take the vaccine of they have a Medical Accommodation due to a
disability covered by the Americans with Disabilities Act known as the ADA.
Also, employees may not be required to be vaccinated of they have a Religious
Accommodation under Title VII of the Civil Rights Act of 1964. Recently, the
EEOC has announced that an exception the required vaccine rule can apply to pregnant
employees whom have been instructed by their doctors.
What is very important
is that exception and/or accommodation are not automatic, employees must take
action to get the accommodation approved and submit documentation. Just because your doctor submits a note or
you place the employer on notice of your religion, does not mean that you will
get the exception. The Employees and Employers must enter into the interactive
process to determine how and if the exception will work. If the accommodation
request is an undue hardship on the employer, the request may be denied, but
just because a request may cost more money to an employer is not a sufficient defense.
That is why it’s a good idea to speak with an employment lawyer prior to making
any such request.
Recovering from COVID?
Long
Term COVID-19 is the term given to people suffering from various symptoms even
after months of being infected with coronavirus. People suffering from long
term COVID-19 may be entitled to reasonable accommodation under the ADA, i.e.,
Americans with Disabilities Act. Examples of reasonable accommodations may be
flexibility in the workplace, tools that can allow you to work during your
recovery, working from home, etc. The accommodations may be temporary or
long-term accommodations.
The
best way to determine if your eligible for an accommodation is by requesting
one in writing. Having a doctor’s note is also helpful but not a guarantee that
you will be given an accommodation. Employees and Employers must work together
to determine if a reasonable accommodation exist that works for both parties.
Some companies have an accommodation department with forms, other times a
simple request and explanation of your situation is sufficient. The EEOC (The
U.S. Equal Employment Opportunity Commission) and the DOL (U.S. Department of
Labor) have recently published articles providing more guidance on this new
workplace issue. Click the links below to learn more but remember, having an
employment lawyer on your side increases your chances of getting an
accommodation and protecting your job.
An additional note,
you may also be entitled to medical leave under the FMLA (Family
and Medical Leave Act) which unpaid leave but if your company offers
short term or long-term disability, you may be entitled to time off that is
paid.
If you need help
with requesting an accommodation or medical leave, and/or you have been
terminated/retaliated against for requesting an accommodation or medical leave,
speak to an employment lawyer.