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Eager for your workers to get vaccinated and return to the workplace? You are not alone. As employers explore options for returning employees to the workplace, questions linger about how to track who has – and who has not – been vaccinated. Employers need to be mindful of how they ask for vaccination-related information and what they do with the information once it has been provided.
There are several ways vaccination information can be tracked, recorded, and stored. When deciding which method will work best, employers must keep in mind employee protections under anti-discrimination and Health Insurance Portability and Accountability Act (HIPPA) laws. This is especially important when questioning individuals who choose not to be vaccinated and the reasons behind their decision.[1] Whether the employer utilizes a third-party risk management provider to gather/store vaccination information or chooses to track things in-house, there are a few best practices to keep in mind:
[1] Asking this type of question may elicit information about the individual’s health or disclose a disability. Employers should refrain from asking an employee about their decision not to receive the vaccination unless doing so is job-related and consistent with business necessity.
[2] It has not yet been established whether CCPA notice is required. Employers subject to the CCPA should seek legal counsel.
[3] Editor’s Note: Sample Notice © 2021 Fisher Phillips LLP. All rights reserved. For informational purposes only.
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