Creating a Mandatory Vaccine Policy is No Simple Task
If you’ve been following the headlines, you’re already aware of how challenging the implementation of a mandatory vaccination policy can be. Your organization might already be one of the several that has been impacted by either a Federal mandate or a widespread move toward requiring vaccinations for employees. As of this writing, healthcare organizations in New York have already begun terminating employees who chose not to get the vaccine, and United Airlines is preparing to do the same while simultaneously facing a lawsuit challenging its policy of putting employees that requested exemptions on temporary, unpaid leave.
While the federal government, certain cities, and specific industries have begun implementing mandatory vaccination policies with significant public exposure, other businesses may soon be facing pressure to consider their approach to protect employees and customers in their workplaces. This is a significant focus for the Occupational Safety and Health Administration (OSHA). While OSHA has yet to release its rules for the Emergency Temporary Standard (ETS) developed after President Biden’s executive order mandating vaccines (or weekly negative tests) for companies with more than 100 employees, many businesses are already exploring policies of their own to be proactive.
While much remains to be seen in this space over the coming weeks and months, Cognos HR connected with our legal partners, Foley & Lardner LLP, to get their insights on what this means for businesses that fall within the mandate but are still navigating what to do as well as businesses with less than 100 employees.
Carefully Consider What Your Mandatory Vaccination Policy Looks Like
Every business is different. Just because you fall into either the greater-than or less-than 100 employees category doesn’t mean that you should implement an outright mandatory vaccination policy without giving careful thought to its impact and how you’ll actually get it done. Consider your industry, working environment(s), and your company culture. Additionally, implementing such a program will require financial and administrative resources to manage on an ongoing basis. How will you collect vaccination information and keep it confidential and secure (away from the employee’s personnel file as required by law)?
If you allow employees to get tested weekly instead of getting vaccinated, it will be important to account for both the cost and time involved and managing how those results are obtained. Will employees be provided with on-site testing, or will you allow them to get tested at a third-party site or their homes? Another factor is also determining what your state and local wage and hour laws specify and remaining in compliance. As a business, you may also be able to implement a policy that gives no allowance for weekly testing — but that could come at a cost (more on this later). Clearly, there is much to consider when it comes to a mandatory vaccination policy.
Be Prepared to Receive and Process Requests for Accommodation
Employers considering implementing a policy at their organizations must provide reasonable accommodations when it comes to vaccination on two fronts:
To qualified individuals to enable them to perform their essential job duties
To employees with sincerely held religious beliefs, observances, or conflicting practices
Per Foley & Lardner LLP, a great deal of litigation is expected around these reasonable accommodations over the coming months, and perhaps longer. Despite this, companies that fail to comply with the mandate will face heavy fines. Thus, it’s important for companies and their HR teams to properly plan for how to receive and respond to these types of requests. Standardized forms and processes must be established for collecting and reviewing them.
Read Foley & Larder’s latest insights on vaccination policy here.
Expect Pushback, Difficult Conversations, and Potential Loss of Personnel
Whatever shape your vaccination policy takes, every business — from small, remote organizations (yes, even companies with remote workers that fall within the bounds of the mandate are likely to be required to implement a program) to those with thousands of employees — is going to experience challenges with policy development and enforcement. You will have to clearly communicate your policy to your team and provide timeframes for action. Your company leaders and HR team will engage in difficult conversations with people who don’t agree with the policy. You may have to turn down requests for accommodation provided such action is valid. And you will most certainly see employees leave your organization — either in response to the policy’s creation or due to denied accommodation requests.
Work with the Experts on Your Policy
The road ahead is no less difficult than the road we’ve all been on for the past 18 months, but it’s important to remember that you’re not alone. Before developing or implementing any mandatory policy, be sure to work with HR consultants and legal partners who understand the intricacies and legal requirements of organizational policy. This ensures you’re meeting all local, state, and federal guidelines, are properly prepared to define and implement a policy, are able to handle difficult conversations and decisions when it comes to your team, and have a support partner to work with should you need further guidance or support.
Cognos HR has been supporting small and midsize businesses with their HR and benefits needs for years. From helping companies develop and implement policy to training leaders and identifying area-specific compliance requirements, we’re the HR team you need to support you as you consider your approach to this volatile topic. Our partners Foley & Lardner LLP are also available to support you and your existing legal team with any questions or concerns regarding policy development. Together, we’ll help you move forward with confidence as you choose the best direction for your business.