- July 1, 2021
- Posted by: Admin
- Category: Uncategorized
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All companies need a Covid-19 vaccination policy, even if your official policy is you don’t care what your employees do. This webinar will help you sort through your options. Every business is different; your Covid-19 vaccination policy should reflect that. In this article we will unpack how to write your own policy that makes sense for your business, your community, and your employees.
Employers have a responsibility for the health and safety of their employees, but is it their place to enforce mandatory vaccinations. Developing (or updating) a policy on vaccination allows employers to outline the organization’s stance on vaccination and explain the role of and expectations on managers, HR and employees. Vaccination policies should take into account the legal aspects. A reason for having a policy is achieving the legitimate aim of staff health and safety. The policy can help explain the benefits of vaccination and how employees can contribute to wider public health by protecting themselves and other employees and wider community by being vaccinated.
A vaccination policy can be part of the overall COVID-19 secure steps towards maximizing the number of employees who can attend work safely. The main purpose of having such policies is to provide and maintain a workplace that is free of known hazards as well as safeguarding the health of the employees and their families, customers and visitors; and the community at large from infectious diseases, such as COVID-19 that may be reduced by vaccinations.
Why policies are important?
Every company needs a policies to guide its operations, strategy, and workflow. Where policies set the expectation for employee behaviors, the procedures outline the steps for it. This ensures consistency in practice and helps in maintaining quality output. An effective policy and procedure manual are an essential management tool. As a piece of required reading for all employees, it states business goals and policies and communicates appropriate standards of action and behavior for all employees. Furthermore, policy and procedure manuals help with:
Covid-19 Vaccination Refusals and Terminations
Employers can’t physically force employees to get the vaccine, but they can make the COVID-19 vaccination a condition of continued employment but that can be done via the vaccination policy. Depending on the nature of the employment and the risk associated with it, certain employers have a stronger case for making the COVID-19 vaccination a condition of employment. Once an employer has made a decision, the employer should consider developing a policy on COVID-19 vaccinations. The vaccination policy should contain the following: authority for collection, statement of purpose, statement whether vaccination certificate will be required, statement on possible actions taken based on whether employee is vaccinated or not, statement on storage, sharing and destruction of the information.
If an employee refuses to be vaccinated (contrary to a specific law, agreement or contract that requires vaccination, or after receiving a clear and repeated lawful and reasonable direction), an employer should, as a first step, ask the employee to explain their reasons for refusing the vaccination. If the employee has provided a legitimate reason for not being vaccinated (for example, the employee has an existing medical condition), the employee and their employer should consider whether there are any other options available instead of vaccination.
Privacy, COVID-19 Vaccine Policy
Employers should keep in mind that even asking an employee whether they have had the vaccination and requesting proof of vaccination or a vaccination certificate is a collection of personal information/personal health information triggering privacy considerations. Any employer should be mindful of the privacy legislation that applies to them. The employer’s obligation to ensure the health, safety and welfare of its workers must be balanced with the employee’s right to privacy. If an employer has provided a lawful and reasonable direction to be vaccinated for coronavirus and an employee complies, the employer could also ask the employee to provide evidence of their vaccination.
The policy should also stipulate that where an employer wants to direct an employee to provide evidence, the employer should make sure that the requirement to provide evidence is also lawful. As stated above, whether a direction would be lawful and reasonable depends on all of the circumstances
Response plan to be in the policy
Develop a response plan in case someone at the meeting becomes ill with symptoms of COVID-19 (dry cough, fever, malaise). This plan should include at least identifying a room or area (Quarantine room) where someone who is feeling unwell or has symptoms can be safely isolated. Have a plan for how they can be safely transferred from there to a health facility. This plan should be put in place in advance with health department or rapid response teams.
Can employers require employees to have the vaccine?
Employers who operate a mandatory vaccination policy for employees may potentially face legal challenge in all but the most exceptional circumstances. Some employers may consider implementing a mandatory vaccination policy for their employees. However, there are conflicting views on whether an employer can implement such a policy for COVID-19, as there is no case law or legislation that directly addresses this novel situation. Employers who require employees to consent to the vaccination or who take disciplinary action (including dismissal) as a result of an employee’s refusal, may face one or more of the following legal challenges. If an employer has provided a lawful and reasonable direction to be vaccinated and an employee refuses, the employer could also ask the employee to provide evidence of the reason for their refusal.
What about evidence of being vaccinated
Directing an employee to provide evidence of a medical reason for refusing a vaccination is likely to raise privacy issues if not done properly. Where an employer wants to direct an employee to provide evidence, the employer should make sure that the requirement to provide evidence is also lawful and reasonable. As stated above, whether a direction would be lawful and reasonable depends on all of the circumstances. If it is unclear whether a direction or the employee’s refusal is reasonable, employers should not take disciplinary action lightly and should seek their own legal advice.
Organizations should follow a voluntary approach when setting out its aims and objectives in a policy. As well as the legal and financial risks of adopting a mandatory approach, engaging employees with a voluntary approach will build trust and encourage employees to appreciate the benefits for themselves and others.
Emmanuel Zvada writes in his own capacity. He is an Award Winning Most Fabulous Global HR Practitioner 2020, HR Disrupter and Trusted Coach. For comments inbox or call +263771467441
