Los Angeles County and some other counties and cities around California require masks for vaccinated persons, but not here, at least for now. Are vaccinated employees required to wear masks indoors? Not in San Diego County.Urging employees to do so might convince those who have not yet been vaccinated because they “don’t have time” to go ahead and get the shot. The law actually requires that you allow employees to get vaccinated on working time. One good incentive is to notify employees that they may take paid time to go and get the vaccine. You may offer a nominal cash incentive or a gift card for proof of vaccination, but be prepared to accommodate an unvaccinated employee who claims a religious or medical condition exemption. In the meantime, may I incentivize my employees to get vaccinated? To an extent, yes.Court challenges of both rules are likely, so it might take a while for the answer to this question to become clear. This rule will not be directly applicable to California employers, but Cal/OSHA will be required to issue a similar rule to go into effect on or about Jan. Must I require my employees to be vaccinated? Federal Occupational Safety and Health Administration has issued an “Emergency Temporary Standard” requiring employers of 100 or more employees to require employees either to show proof of vaccination or undergo weekly COVID-19 testing.Requiring vaccinations as a condition of employment might drive away some of your best employees, however. May I require my employees to be vaccinated? Yes, unless they have a medical condition that would be negatively impacted by the vaccine or a sincerely held religious belief against vaccinations.You should not keep copies of vaccination cards but just note on a checklist whether or not employees have provided proof of vaccination. You can ask to see their vaccination card, or they may self-certify. In fact, Cal/OSHA requires employers to document each employee’s vaccination status. May I ask my employees if they have been vaccinated? Yes.Here are some questions and answers that are current and accurate as of this publication going to press: That the rules and guidance keep changing is hardly helpful, either. Add the heated conflicts between the “vaxxed” and the “unvaxxed,” and it seems like the long COVID-19 slog just keeps getting worse. Masks and social distancing … sound familiar? Ugh.
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