Returning to work post-COVID: A Q&A for businesses

With COVID-19 vaccinations widely available, many people have returned to the workplace. As pandemic safety guidelines remain in a state of flux, businesses may have questions about vaccination mandates and other workplace practices.

A business meeting

Can we require people to return to work in person?

Generally yes. Be aware of any employees with a protected leave situation as well as anyone with a disability who requests continued remote work as a reasonable accommodation.

Can we incentivize employees to get vaccinated?

Yes, businesses can encourage employees to get a COVID-19 vaccine by providing monetary incentives, gift cards, time off, or other perks. However, consider how you will handle employees who are unable to get the vaccine because of a disability or religious belief.

Can we require employees get vaccinated?

Yes, unless your state has passed a law prohibiting vaccine mandates. Check with legal counsel before implementing such a requirement.

Can I ask employees about their vaccination status?

Yes, but proceed carefully. Employers can request proof of vaccination. However, if an employee refuses the vaccine, you need to determine if they’re refusing for a legally protected reason that requires reasonable accommodations.

Are COVID-19 mitigation activities still required?

In May, the Department of Labor issued emergency rules designed to protect workers from COVID-19. Barring any dramatic developments in the pandemic, it is anticipated those rules will remain in effect through October.

It’s expected that OSHA will play a more active role in addressing COVID-19 under the Biden administration, and failure to adhere to emergency protocols could expose your business to OSHA complaints.

View the OSHA regulations here.

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