HARRISBURG, Pa. — Receiving the COVID-19 vaccine is one of many ways officials in the Commonwealth have stressed to people to get back to a place of normalcy.
However, many people remain hesitant including healthcare workers.
One might ask, "can employers require healthcare workers to receive the COVID-19 vaccine?"
The answer this in regard to a regular vaccine, Attorney Scott Cooper, partner for Schidmt Kramer says yes.
"Unless there's a state or federal law that says they cannot, an employer can with certain qualified exceptions," Cooper said."
Cooper adds this comes from a 7-2 supreme court decision back in 1905, Jacobson vs. Massachusetts which allows municipalities in a state to require vaccinations.
Attorney Eric Winter for Prince Law Offices says while this is true, the case is different now with the COVID-19 vaccines.
"What sets us apart, in this case, is these vaccines are still under an emergency use authorization," Winter said, "there has not been a case in Pennsylvania law that has ever dealt with a mandated use for emergency use authorized vaccines."
Winter advises a group of individuals at Penn Medicine Lancaster General Health who are hesitant of getting the COVID-19 vaccine at the moment.
The health system sent an email out in May requiring all employees to receive the vaccine- a decision Winter says is unethical.
"Employees should be allowed to make their own decisions to taking a medical procedure like this," he said, "an employer should not do anything to coerce or cause an employee to make a certain medical decision."
Pennsylvania is an "at-will" state, meaning there may not be much room under certain regulations.
"By them choosing to be employees of LGH they have submitted themselves to the discretion of LGH in terms of certain things," Winter said.
Winter says a petition will be delivered to Lancaster General Health next week in hopes of a reconsideration of the current requirement.
FOX43 reached out to see if the current requirement still stands.
A spokesperson responded in a statement saying:
“Our vaccination policy – which requires employees to be fully vaccinated by Sept. 1 -- is an important way to protect our patients, staff, and the communities we serve. To address the remaining employees with questions, we will continue offering information about vaccine safety and efficacy and this policy, as well as the opportunity to apply for religious and medical exemptions."