COURTESY / KYLE BANFIELD
Kyle Banfield is a major account executive at the human resources firm MP.
October 1, 2021
6 steps to maintain HR compliance while navigating vaccine mandates
By Kyle Banfield
In the wake of the recent federal vaccine mandate, employers are wondering how to maintain compliance and keep their workplace safe.
Schools, health care offices, employers with over 100 employees, employers that are federal contractors and some other employers will soon have to require either vaccination or weekly COVID testing from workers. Even organizations unaffected by the vaccine mandates may want to increase the rate of vaccination among staff — without developing an employee policy requiring vaccination.
One of the best tactics for employers that both are and are not affected by the vaccine mandates is to encourage COVID vaccination.
These are six strategies for encouraging COVID vaccination that meet HR and compliance standards.
Start with a survey. Using an anonymous employee survey will assist workplaces in getting a pulse on what percentage of their staff is vaccinated or plans to get vaccinated. It’s imperative to use an anonymous survey to maintain compliance and respect employees’ medical privacy.
Develop an official communication. Develop and share a message with all employees encouraging vaccination. The message should indicate if the employer will be offering incentives, support for vaccination, etc. Employers must send this message to everyone. They should not just send it to the employees known to be unvaccinated or anti-vaccination. Sending it only to some employees could stir complaints of discrimination.
Employers should:
- Use neutral language that isn’t political or inflammatory
- Keep the communication brief and organized
- Include links to information about vaccines from trusted, unbiased, reputable sources
- Share this communication in a few formats: a meeting, flyers, email, the company intranet, etc.
Offer support to employees who choose to get vaccinated. Employers may increase the likelihood of staff vaccination when they offer:
- To subsidize transportation costs for the vaccine
- Time off to get vaccinated (paid or unpaid)
- Time off to recover from an adverse reaction to the vaccine (such as feeling sick the next day)
Note that in many states, there are programs that either mandate paid time off or pay for it. On a federal level, employers may take part in the FFCRA leave program. This program allows them to recoup, via a tax credit, costs to pay for employee PTO when they’re receiving the vaccine or are experiencing adverse reactions to the vaccine (such as feeling sick the next day). Employers may be providing their team time off to get vaccinated with no additional cost.
Reassure employees their privacy will be intact. Employers should operate with the knowledge that vaccination status and choice are private medical information.
Employers should not:
- Tell customers their whole team is vaccinated
- Ask employees to wear “I’m vaccinated” stickers
- Share vaccination status with other employees
- Ask employees directly if they’ve been vaccinated, especially in front of other employees, customers, managers, etc.
Employers should keep any information about COVID vaccination in private employee files that only HR team members access. They will improve morale and trust by reassuring employees that their vaccination status, questions, etc., will remain private.
Try offering incentives for vaccination. The EEOC stated that employers may offer their staff incentives for COVID vaccination. The pitfall employers must be aware of is discrimination and ADA compliance. To reduce risk of discrimination complaints and lawsuits, employers should consider consulting with an HR service provider or employment attorney before implementing an incentive program. Employers must provide a way for employees who cannot get the vaccine (for religious or health reasons) to earn the incentive.
Other alternatives might be:
- Watch a short video about COVID safety measures
- Take training on COVID safety measures
- Complete a quiz on COVID safety measures (with a passing grade)
Respect boundaries. Managers should refrain from constantly asking about vaccination status or plans, pressuring employees to consider getting vaccinated, or anything else that may create a hostile work environment. Employers should be training managers on when and how to discuss vaccination with staff.
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