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OK, just a little pinprick: Considerations in mandatory vaccination policies

March 2024 employment law letter
Authors: 

Mark C. Dean, Steptoe & Johnson PLLC

Employers worried about the safety of employees and clients, especially during the annual flu season, have moved toward implementing vaccination policies in the workplace. At the time of this writing, health officials are warning that early 2024 could evolve into a “tri-demic” as the flu, COVID-19, and respiratory syncytial virus (RSV) spread at the same time. 

Is a mandatory vaccination policy necessary?

Lessons learned from COVID-19, and the seemingly unending risk of viral illnesses in the workplace, may lead employers to enact vaccination policies for the first time or expand those already in place. However, such policies aren’t to be taken lightly. There are several legal issues to consider before, during, and after the implementation stage. If you have implemented, or may consider implementing, such a program, read on for tips to keep in mind.

First, consider your business need for a mandatory policy. As an obvious example, the healthcare industry has been the vanguard of mandatory vaccination policies. Indeed, the Centers for Disease Control and Prevention (CDC) has recommended flu vaccination for all healthcare workers since 1981. Service industries that interact with many customers daily are another example.

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