PENNSYLVANIA, USA — With the COVID-19 vaccine getting closer to emergency approval, many people are wondering if they will be forced to get it by their employer, and if that's even legal.
FDA advisors are meeting Thursday to discuss emergency authorization of the COVID-19 vaccine, which means approval could come within a few days.
QUESTION:
Can employers force their employees to get vaccinated?
ANSWER:
Yes.
SOURCES:
Rick Bloomingale, President of PA AFL-CIO
Marc Scaringi, Firm Manager of Scaringi Law
Solomon Krevsky, Partner at Krevsky Bowser Law
PROCESS:
It is absolutely legal for an employer to mandate that the employees take a flu shot, or an H1N1 shot, or in this case a COVID vaccine," Solomon said. "Whether an employer should do it or not, are issues that each work place is going to have to sort out."
There are some exceptions, including religious and health reasons.
"If the employee can prove that he or she has a disability then the employer is required to consider and make a reasonable accommodation if the employer can do so in such a way that does not cause an undue burden on the employer," Scaringi said.
The other question becomes, will employers enforce a COVID-19 vaccine mandate?
The AFL-CIO believes they should. Bloomingdale points to moral obligations and OSHA mandating a safe work place.
"Just like in a construction site, you have to provide workers with a hard hat," Bloomingale said. "This would be very much the same. You cannot ask people to come to work when you have one person who refuses to be vaccinated who might be a carrier and infect everybody else."