As employers anticipate returning to work in light of increased availability of vaccines, some have considered requiring employees to get a COVID-19 vaccination to return to the workplace. On March 4, 2021, California’s Department of Fair Employment and Housing (DFEH) updated its DFEH Employment Information on COVID-19 to address whether employers may mandate vaccines under the California Fair Employment and Housing Act (FEHA). The FEHA prohibits discrimination against employees based on protected characteristics, including disability and religious beliefs.

Under the recent update, the DFEH states that employers may require employees to receive an FDA-approved vaccination against COVID-19 as long as the employer 1) provides reasonable accommodation related to disability or sincerely held religious beliefs, and 2) does not retaliate against employees for requesting such an accommodation.


Continue Reading DFEH issues guidance addressing mandatory vaccines in California

[UPDATE: On March 12, 2021, Governor Cuomo signed the bills into law, providing for paid COVID-19 vaccination leave for New York employees, effective immediately.]

The New York State Legislature recently passed bills (Bill S2588A; A3354B) that would provide all public and private employees in New York with up to four hours of paid leave to obtain the COVID-19 vaccine. The legislation is expected to be signed by Governor Cuomo shortly.

The proposed law provides that the paid vaccination leave may not be charged against any other leave that the employee is entitled to, such as any paid sick leave or leave pursuant to any collectively bargained agreement. An employee will be entitled to up to four hours for each COVID-19 vaccination through December 31, 2022.
Continue Reading Paid vaccination leave coming to New York

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to address COVID-19 vaccines in the workplace. The EEOC’s guidance implies that a mandatory workplace vaccination program is lawful under the Americans with Disabilities Act (ADA) and the other laws the EEOC administers provided that the employer provides disability and religious