Kaplan Discusses Whether Employers Can Mandate COVID-19 Vaccine on WisBusiness Podcast

11 December 2020 WisBusiness News

Partner Dan Kaplan was featured on “WisBusines: The Podcast”  where he discussed whether employers can mandate that their workers receive a COVID-19 vaccine.

Kaplan, who is the co-chair of Foley’s Labor & Employment practice, said that private-sector employers can mandate a vaccine. If a union represents employees, then negotiations may be in order.

The Americans with Disabilities Act and Title VII laws also may allow employees to get around getting a COVID-19 vaccine even if it’s mandated.

“There’s a number of considerations that an employer should bear in mind if they are giving a mandatory vaccination programserious consideration,” Kaplan said. This includes costs from securing the vaccinations or side effects that may result in needing paid leave.

In addition to financial implications, practical implications associated with a mandate include developing a structured program, accommodating individuals with a disability and deciding if the program should be implemented in the first place. “Employers who are able to remote work … are probably not needing to implement mandatory vaccination programs,” he said. 

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