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Paying employees for time spent getting a vaccine? Employers just might have to.

By Brian Kelly on August 27, 2021
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Almost immediately after the FDA issued full approval of the Pfizer/BioNTech COVID-19 vaccine earlier this week, employers began rolling out mandatory vaccination policies. These policies are raising a variety of legal and practical questions for employers, including whether employers are required to compensate employees for time spent getting the vaccine.

Although the answer to this question remains unclear in some states, it is crystal clear in others. In California, for example, the Labor Commissioner issued guidance specifically requiring employers to pay employees for time spent getting a mandated test or vaccine. This guidance explained in part that, “If the employer requires an employee to obtain a COVID-19 test or vaccination . . . then the employer must pay for the time it takes for the testing or vaccination, including travel time.” https://www.dir.ca.gov/dlse/COVID19resources/FAQs-Testing-Vaccine.html

A related question is whether employers have to have to pay for the actual vaccine if they require their employees to get it. California law clearly requires employers to pay this cost, but the law in many other states remains unsettled.

State legislatures and administrative agencies will almost certainly face pressure to provide clear guidance on these and other COVID-19 vaccine issues. Until that happens, employers are wise to proceed with caution.

Photo of Brian Kelly Brian Kelly

Brian is the Chair of the firm’s Labor and Employment Practice Group and is named to the prestigious Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Employment and Labor.

Brian focuses his practice on the representation of management…

Brian is the Chair of the firm’s Labor and Employment Practice Group and is named to the prestigious Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Employment and Labor.

Brian focuses his practice on the representation of management in all phases of labor relations and employment litigation. Brian regularly represents employers in litigation before federal and state courts, administrative agencies and arbitrators involving employment discrimination and harassment, wrongful discharge, theft of trade secrets, breaches of non-compete agreements and other employment contract topics. Brian also has extensive experience counseling employers on employment topics ranging from FMLA and ADA compliance to reduction in workforce planning and implementation. In the labor relations area, Brian has significant experience in collective bargaining negotiation, union avoidance techniques and strike disputes. Brian has also developed and implemented personnel policies and in-house training programs on a variety of labor and employment law topics.

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  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Law Navigator
  • Organization:
    Frantz Ward LLP
  • Article: View Original Source

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