Shannon Middleton & Karen Young


You Can Ask for Proof of Vaccination from your Employees and Contractors

by Shannon Middleton & Karen Young

As employees are returning to work in person, there have been lingering questions regarding the COVID-19 vaccine: Do I have to get the vaccine to go to work? Can my employer require me to get the vaccine? Do I have to tell my employer if I received the vaccine or not?

The regulations that may be implicated by the requiring of COVID-19 vaccinations are:
  • Health Insurance Portability and Accountability Act (HIPAA); and
  • the federal Equal Employment Opportunity (EEO) laws, including the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act (Title VII).
However, the EEOC has given guidance that requiring vaccines and proof of vaccination is legal and likely not a violation of any of these laws.
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FAQ's: What Employers Need to Know About the Families First Coronavirus Response Act Regarding Employee Leaves

by Shannon Middleton & Karen Young

The federal government passed the Families First Coronavirus Response Act (“Act”) on March 18, 2020 with an effective date of April 1, 2020.  The Act requires employers with fewer than 500 employees to provide paid leave to employees under an amendment to the Family and Medical Leave Act known as the Emergency Family and Medical Leave Expansion Act, as well as the Emergency Paid Sick Leave Act.  This leave is available for employees through December 31, 2020.

The Department of Labor issued FAQs on March 24, 2020 (“DOL FAQs”), which are updated frequently and provide answers to a vast number of topics.  See https://www.dol.gov/agencies/whd/pandemic/ffcra-questions. Note that even previously answered questions are sometimes modified later. A good practice is to check back daily to the Department of Labor Coronavirus Resources website (https://www.dol.gov/coronavirus) for further information and updates.

The Department of Labor has also issued regulations pursuant to the Act, which can be found at https://www.ecfr.gov/cgi-bin/text-idx?SID=f2e549b7d707e617546a290a5e7a0331&mc=true&tpl=/ecfrbrowse/Title29/29cfr826_main_02.tpl).

Basic questions on the Emergency Paid Sick Leave Act as well as the Emergency Family and Medical Leave Expansion Act are answered below.  Please contact Gutwein Law for further information, to request policies, or to discuss your company’s specific circumstances.

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