COVID-19 variant surges: 11 key questions and answers for employers

Like you, we had hoped COVID-19-related issues would have waned by now and we could all move forward with a return to “normal.” Not so fast, apparently, as the disease’s delta variant has surged, and tensions between the pro- and antivaccination contingents have heightened. More employers are taking charge of the coronavirus narrative at work, for instance, by mandating vaccinations and/or requiring masking. The challenge for employers is to evaluate the scope of their rights in dealing with the infection and the impact on employee morale.

How to address workplace policies in virus’ new phase

May I require employees to get vaccinated or else face termination? Yes. The only exceptions are if an employee can’t be vaccinated for a disability-related reason or has a sincerely held religious belief against getting the shots.

If I terminate an employee for refusing to be vaccinated, will she become eligible for unemployment benefits? Maybe, which is of course the classic lawyer’s answer. We believe refusing to get vaccinated should be treated as insubordination for unemployment compensation purposes and thus disqualify the (former) employee. It remains to be seen, however, how the situation will play out in practice.