Town Hall Synopsis 1.26.2021
From MEA attorney Amy McAndrew, we have several COVID-19 related legal updates to share with our members this week. Vulnerable populations have begun receiving the vaccines and more supply will be more widely available by spring 2021.
Hotline Calls- 2020 Recap
Wrapping up 2020, we logged a record-setting 3159 hotline calls, with 721 being related to the coronavirus and 1085 pertaining to new and ongoing legal issues. In addition to COVID-19, the top categories of calls were FMLA, Termination Issues, Policy Development, FLSA and ADA.
Families First Coronavirus Response Act Update
While the FFCRA (Families First Coronavirus Response Act) paid leave provision expired on December 31st, an updated version has been proposed by President Biden, but has not yet been determined/approved. The FFCRA is for private employers with less than 500 employees and provides emergency paid sick leave for ten (10) days (80 hours) if one of the following six criteria is met:
- Employee is in quarantine or isolation
- Employee has been advised by a physician to self-quarantine
- Employee is exhibiting symptoms and is seeking a pending medical diagnosis
- Employee is caring for a COVID-stricken individual
- Employee is caring for a child that is out of school or childcare.
- Employee is experiencing substantially similar symptoms or situations preventing them from working.
Can Employers Require Employees to Vaccinate?
MEA is here to help with policy development surrounding this often-asked question. Here are some guidelines to help your organization navigate this polarizing question:
- Before rolling out any sort of vaccination mandate, it is imperative to establish a written policy and procedure that details the following:
- Timeline: How long will employers give to employees to acquire the vaccination? Keep in mind that there is limited availability in some parts of the state and vaccines may not be readily available. Ample time and consideration should be given in this regard.
- What are the legitimate health and safety requirements that are job-related that require a vaccination? A clear justification for health and safety is important to have solid evidence that this process is necessary.
- Every written policy must have a reasonable accommodation for religious and or disability related reasons for not receiving the vaccine.
- Opposition is normal and it is important to have policies and procedures in writing to encourage a smooth mandate process. Some businesses are becoming quite creative with their vaccine mandates and incentivizing employees with bonuses, extra paid time off and other motivations that may appeal to the masses.
- Timeline: How long will employers give to employees to acquire the vaccination? Keep in mind that there is limited availability in some parts of the state and vaccines may not be readily available. Ample time and consideration should be given in this regard.
As always, MEA is available for your questions and assistance with developing policies and procedures that suit your organization’s needs, big and small! Contact us today to get started.