At the time of the vaccination, I'd recommend that you come to an understanding with your employee about the time he/she believes will be necessary to obtain the vaccine, recognizing that four hours is the upper limit. Only 55 minutes? This seems a little tight to me, so let's have some flexibility here.
If an employee obtains the vaccination during the workday, the employer must pay the employee up to four hours of regular pay for each primary shot. Similarly, employers cannot dissuade employees from getting vaccinated during the workday. The ETS strongly encourages employers to allow their employees to obtain the vaccine during the workday. Pay differs, however, depending on whether the employee is obtaining the vaccination during work time or after work hours. Let's take these requirements one by one:Īs an initial matter, the ETS requires employers to support employee vaccination by providing employees reasonable time off, including up to four hours of paid time, to receive each primary vaccination dose. The ETS contains very specific guidance regarding paid time off to obtain the vaccine and recover from any side effects. Exempted from the ETS are employees who work remotely 100 percent of the time and those who work exclusively outside or at a worksite where no other individuals are present.īelow, Jeff Nowak, a shareholder at law firm Littler who specialized in paid leave and Family and Medical Leave Act compliance, explains how the new guidance affects employer-provided paid leave. All covered employees must either be fully vaccinated or start weekly testing by Jan. 6, 2021, and to maintain these vaccination records.
Under the ETS, employers are obligated to check each employee's vaccination status by Dec. (See theĮmployers Should Plan for Vaccine-or-Testing Rule While Litigation Ensues.) 5, a federal appeals court temporarily blocked implementation of the OSHA ETS, but covered employers should still prepare for the upcoming deadlines while litigation is pending, according to employment law attorneys. The ETS covers any employer with 100 or more employees that is not subject to separate OSHA vaccination requirements for federal contractors or health care workers. 4 issued an emergency temporary standard (ETS) requiring employees to be vaccinated against COVID-19 or to be tested weekly. The Occupational Safety and Health Administration (OSHA) on Nov.