Is it Legal for Your Job to Require a COVID Vaccination?

The debate around whether employers can mandate COVID vaccinations has been a contentious issue. Recently, some companies have devised interesting solutions to address this concern. Let's explore an innovative policy that has gained attention and its implications.

Company Policies and Employee Choices

One airline company has taken the lead in implementing an unconventional approach. According to their policy, if an employee does not get vaccinated, they will be placed on either paid or unpaid medical leave. Here's the breakdown:

If medically necessary: The employee can be placed on PAID MEDICAL LEAVE. This ensures they are not in contact with others and cannot be infected, thus maintaining public health. If based on personal beliefs: The employee can be placed on UNPAID MEDICAL LEAVE. In this scenario, they are essentially unemployed and not eligible for unemployment benefits.

This approach was praised by many for its logical and humane handling of the situation. After the new policy was announced, around 20 unvaccinated employees decided to get the vaccine out of choice, demonstrating the effectiveness of this policy. It is a perfect blend of public health measures and individual rights.

Legal and Ethical Perspectives

The legality of such policies can be dissected from both ethical and legal standpoints. In an “at will” state, employers are generally free to set the terms of employment. If an employee does not comply with the vaccination requirement, they may have to find another job. The challenge here is finding employment that does not have such a provision, which is becoming increasingly difficult.

There have been legal precedents related to mandatory vaccinations. The case of a healthcare provider that faced litigation is a notable example. Only 119 out of roughly 22,000 employees decided to forgo vaccination and remain unemployed, a minuscule 0.55% of the workforce. This trend is likely to continue as more employers implement similar policies to control rising healthcare costs due to unvaccinated employees.

Trends and Public Perception

Recent trends indicate that about 25–35 out of 100 million Americans might choose to remain unvaccinated. Among this group, only 4–5% are likely to accept unemployment due to being unvaccinated. The vast majority of the unvaccinated can still find employment, highlighting the complexity of the situation.

In stark contrast to the vaccine skeptics, the statistics paint a different picture. Over 2 billion Americans have already received at least one dose of the vaccine. The risks associated with the vaccine remain minimal compared to the risk of contracting the virus. On the other hand, the virus has resulted in over 650,000 deaths and countless cases of long-term health issues. The sheer volume of deaths and long-term illnesses from the virus far outweighs any potential risks from the vaccine.

It is essential to weigh the facts and prioritize public health over individual preferences, especially when the benefits of the vaccine far outweigh the risks. Encouraging vaccination helps protect not only the individual but also the wider community. For those resistant to the vaccine, it is crucial to understand the broader implications of their choice and to seek medical exemptions as necessary.