Issues for NJ employers to consider when developing COVID-19 vaccination program

Earlier in 2020, New Jersey required employers that are hospitals, nursing homes, and home health care agencies to adopt plans mandating their employees to take the influenza vaccine. The requirement applies to employees with direct patient contact as well as “back-room” and administrative employees. If the state now requires certain employers to implement mandatory flu vaccination programs (even for employees with no involvement in patient care), it isn’t a far reach that—given the physical, mental, and financial losses caused by the coronavirus—mandatory COVID-19 programs will be permissible, as long as they comply with other federal and state employment laws.

Exemptions to mandatory vaccinations

The New Jersey influenza vaccination law contains a medical exemption. Specifically, employees can request an exemption from the requirement if they can show some serious medical consequence to taking the vaccine. The law, however, doesn’t contain an express exemption for employees who object to the vaccine based on their religious beliefs. It hasn’t been tested yet whether courts in the state will read an obligation into the law for employers to accommodate employees’ religious objections to the influenza vaccination.