MA attorney general weighs in on employer obligations during COVID-19

As we wade into the waters of yet another COVID-19 pandemic year, employers seem to be facing more questions than answers when it comes to virus-related topics. Federal vaccine mandates have been hot topics and triggered an onslaught of litigation. Putting aside the federal rules, however, you may still require employees to get vaccinated or tested. Whether you’re complying with regulations or voluntarily instituting a program, you may be wondering whether you or the employee must pay for the costs associated with getting a shot or a test. The Massachusetts attorney general’s (AG) Fair Labor Division has weighed in and addressed some of the issues based on its interpretation of state law.

Who pays for vaccinations, tests, face coverings?

Some employers are requiring all employees to be vaccinated for COVID-19, which has received a stamp of approval from the Equal Employment Opportunity Commission (EEOC). According to the agency, federal law doesn’t prevent you from requiring all employees physically entering the workplace to get the shots, as long as you provide reasonable accommodations for those who can’t be vaccinated based on their religious beliefs or a disability.

So, who bears the costs? Well, vaccinations are currently free and paid for by the federal government. Testing is also free at many centers being operated under federally funded programs, but the rise in the use of at-home COVID-19 testing has created other issues.