In the news: whether to require COVID-19 vaccine before returning to work

From when they will be widely available in the United States to where you may fall in the priority line, COVID-19 vaccines are dominating the news cycle right now. Unsurprisingly, a common question from employers has emerged: Can we require employees to obtain a coronavirus vaccine before returning to work?

In short, it depends

Because the Equal Employment Opportunity Commission (EEOC) hasn't issued guidance specific to the COVID-19 vaccine (not yet, anyway), its past guidance concerning whether an employer may require employees to get a flu vaccine is helpful.

Generally, you can require employees to receive a vaccine before returning to work, but there are a couple of caveats.

Reasonable accommodation may be necessary

Employees may be entitled to an exemption from a mandatory vaccination requirement, so it's important to find out why a worker refuses to get the vaccine if asked to do so.

An employee with (1) a covered disability or (2) a sincerely held religious belief, practice, or observance that prevents her from taking the vaccine may need to be excused from the requirement as a reasonable accommodation unless it will present an undue hardship. For employers considering denying an accommodation based on undue hardship, it would be prudent to consult with your employment lawyer before doing so.

Accommodation issues stemming from COVID-19, work from home, and administration of the vaccine are likely to continue to plague employers for the next couple of years (at least), so getting ahead of the issue is key.