Sarah Bennett
The COVID-19 pandemic has brought about many changes in the workplace, including the implementation of vaccine mandates for employees. While some employers have been requiring proof of vaccination for employees re-entering the workplace, the question of whether employees are entitled to a day off to receive the vaccine has also arisen. In some cases, employers have informed employees that they must take sick leave to get vaccinated, which has been met with criticism. To address this issue, organizations like the Pratt Institute have introduced a Vaccination Day policy, allowing employees to take time off to get vaccinated during working hours. Ultimately, the entitlement to a day off for vaccination may depend on the employer's discretion, and individuals can seek legal advice if they feel their rights are being violated.
| Characteristics | Values |
|---|---|
| Are employees entitled to a day off for the vaccine? | In Ireland, there is no legal obligation for employers to give employees time off to get vaccinated. However, employers can ask employees about their vaccination status under GDPR if it is a health and safety risk for the unvaccinated person to be in the workplace. |
| Are employers required to pay for the cost of the vaccine? | In Ireland, the HSA guidelines state that employers must pay for the cost of an employee's vaccine under the Safety, Health and Welfare at Work Act 2005. |
| Are employers allowed to ask about an employee's vaccination status? | In the US, the U.S. Equal Employment Opportunity Commission (EEOC) has stated that employers can legally require employees to disclose their COVID-19 vaccination status before re-entering the worksite. |
| Are employers allowed to mandate the vaccine? | In the US, the Biden administration mandated that all federal employees and contractors must be vaccinated against COVID-19 in September 2021. However, this mandate was repealed in 2023, and agencies were ordered to erase COVID-19 vaccine records. Private employers are at liberty to decide whether to mandate the vaccine or not. |
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What You'll Learn
Employees should not be forced to take sick leave to get vaccinated
In fact, employers have an obligation to protect the health of their employees and pay for the cost of somebody getting vaccinated. This includes travel time to and from the vaccination site. Employees should only be requesting the time needed to obtain the vaccination and report back to work. For example, if an employee's vaccination appointment is at 9 am, and they normally begin working at 9 am, they should only be charging 2 hours of "Vaccination Day" time, not all four hours.
Additionally, employees should not be forced to take sick leave if they experience side effects from the vaccine that prevent them from working. Under the Healthy Families and Workplaces Act ("HFWA"), employers must provide paid leave for a range of health needs, including any time off required for "preventative care," such as vaccination. This also includes any time off needed to recover from the after-effects of the vaccination.
To ensure that employees are not losing pay to get vaccinated, President Biden signed into law a paid leave tax credit as part of the American Rescue Plan. This tax credit enables employers with fewer than 500 employees to claim up to $17,110 for 14 weeks of paid leave for each employee to get vaccinated and recover from any side effects.
Overall, it is important for employers to support their employees in getting vaccinated and provide them with the necessary time off without forcing them to take sick leave or lose pay.
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Employers can ask employees about their vaccination status
Asking about an employee's vaccination status is a complex issue, and the answer varies depending on the country, state, and local laws. In the United States, for example, federal agencies were previously required to ensure that COVID-19 vaccination was not listed as a requirement in job postings. However, as of 2025, the Office of Personnel Management (OPM) has ordered these agencies to erase COVID-19 vaccine records and prohibited them from using vaccine status in employment decisions. This marks a shift in federal policy, and it's important to stay informed about the most recent guidelines.
In terms of private employers in the US, the situation is more nuanced. While there is no federal mandate regarding private businesses and vaccination status inquiries, several states have passed laws prohibiting state agencies or entities from requiring employees to be vaccinated. On the other hand, some states, like Washington, Oregon, and Santa Clara in California, require employers to determine the vaccination status of their employees. Additionally, California mandates that if an employer requires vaccination for all employees, it must be listed as a condition of employment in the job posting.
It's worth noting that even in states that don't explicitly prohibit employers from asking about vaccination status, there are considerations to keep in mind. For instance, employers should evaluate whether asking about vaccination status is truly necessary. If the workplace is already considered COVID-secure with effective health and safety policies in place, asking about vaccination status may not be justifiable. Additionally, employers must be cautious not to inadvertently collect or inquire about medical, genetic, or disability-related information during this process, as this could violate laws like the Americans with Disabilities and its Amendments Act (ADAAA) and the Genetic Information Nondiscrimination Act (GINA).
When it comes to applicants, it's generally recommended that employers avoid direct questions about vaccination status during the interview process. Instead, they can include a section in the employment application with a simple "yes" or "no" option regarding vaccination status, along with a statement that reasonable accommodations will be made for those with valid medical or religious reasons. This helps ensure compliance with laws like the Equal Employment Opportunity Commissions (EEOC) and avoids potential discrimination claims.
In summary, while employers can ask employees about their vaccination status in many places, it is a sensitive topic. Employers should be mindful of applicable laws, the potential for indirect discrimination, and the importance of maintaining the privacy of their employees' medical information.
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Employers can require proof of vaccination
While there is no federal law requiring employers to give their employees paid time off to get vaccinated, employers can require proof of vaccination from their employees. This is supported by the American College of Physicians (ACP), which has stated that employers may require employees to show proof of vaccination with recommended immunisations against highly transmissible diseases during a public health emergency. This would include COVID-19 vaccines.
The U.S. Equal Employment Opportunity Commission (EEOC) has also stated that employers can require proof of COVID-19 vaccination from their employees, with some exceptions. For example, if an employee is unable to receive a vaccine due to a disability or a sincerely held religious belief, and there is no reasonable accommodation possible, an employer may lawfully exclude that employee from the workplace.
In addition, employers who require vaccination or proof of vaccination must show that such inquiries are job-related and consistent with business necessity. They must also be careful not to request any genetic information as part of the proof, as this may violate the Genetic Information Nondiscrimination Act (GINA).
It is important to note that the law regarding mandatory vaccination and proof of vaccination requirements may vary by location and is subject to change. For example, in Ontario, the law regarding mandatory COVID-19 vaccination in the workplace is currently unclear and unsettled. Employers who want to implement such a policy may be taking a risk.
If an employer is considering requiring proof of vaccination as a condition for hiring or continued employment, they should consult an employment lawyer to ensure they are complying with all relevant laws and regulations.
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Employers can set vaccine mandates
While there is no legal obligation for employers to give their employees paid time off to get vaccinated, it is in their best interest to do so. The Safety, Health and Welfare at Work Act 2005 states that employers have a duty to protect the health of their employees. This includes paying for the cost of someone getting vaccinated.
However, it is important to note that employers can set their own vaccine mandates and ask their employees about their vaccination status. This is allowed under GDPR as it is considered a health and safety risk assessment. If all employees are vaccinated, it can make social distancing guidelines easier to manage and can be good for business.
Some employers have been accused of telling their employees to take sick leave to get their vaccinations. This has been criticized as unacceptable behavior, as it should not be necessary for employees to use their sick leave for this purpose. To avoid this issue, employers can simply ask employees to notify them when they have a vaccination appointment, and most good employers will facilitate this.
In the United States, the Biden administration previously mandated that all federal employees and contractors be vaccinated against COVID-19. However, this mandate was repealed in 2023, and agencies were ordered to erase any records related to employees' COVID-19 vaccination status. The Office of Personnel Management (OPM) has prohibited federal agencies from using COVID-19 vaccine status in any employment-related decisions. This is to protect federal workers from being fired, punished, or sidelined for making a personal medical decision.
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Employees can take time off for vaccine side effects
Currently, there is no law that requires employers to vaccinate their employees with the COVID-19 vaccine. However, employers may offer their employees time off to get vaccinated. This is called "paid vaccination leave" and is at the discretion of the employer. In Australia, the Australian Council of Trade Unions is pushing the government to introduce two days of paid vaccination leave into the Fair Work Act 2009 (Cth). This would include casual workers and account for the time it takes to get the vaccine and recover from routine side effects.
If an employee experiences side effects from the vaccine, they may request to use other types of time off, such as sick time off, vacation time off, personal holiday, compensatory time, holiday credit, and discretionary time off. If an employee does not have any accrued time off, they may request unpaid time off for COVID-19 vaccine-related absences. The University of Washington, for example, may request documentation to support this type of request.
If an employee reports serious adverse side effects from the COVID-19 vaccine as a result of an employer's mandatory policy, the employer should contact their workers' compensation carrier. All employers may offer the use of California Paid Sick Leave. In some circumstances, an adverse reaction to the vaccine may be covered under workers' compensation.
If an employee has pre-existing conditions and does not want to get vaccinated, they should be afforded the opportunity to be evaluated by their personal physician to determine if they should be medically exempt.
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Frequently asked questions
Yes, they are entitled to ask about their employees' vaccination status and even require proof of vaccination.
This depends on the employer and the country in which they are based. In Ireland, for example, there is no legal requirement for employers to give employees time off to get vaccinated, but it is encouraged as it makes good business sense. In the US, some employers offer incentives to employees to get vaccinated, such as bonuses, gift cards, or more vacation time.
This depends on the country and the specific laws that apply. In the US, the U.S. Equal Employment Opportunity Commission (EEOC) has stated that employers can legally require employees to provide their COVID-19 vaccination status before re-entering the worksite. However, state laws may restrict the ability of employers to make vaccination a condition of returning to work.
![International Certificate of Vaccination with Vinyl Document Holder - World Health Organization Bilingual Version [cards] World Health Organization [Jan 01, 2007]](https://m.media-amazon.com/images/I/61SHjBP1VYL._AC_UL320_.jpg)
