Employers are able to mandate a COVID-19 vaccine, according to Dan Kaplan, co-chair of Foley & Lardner’s labor and employment practice.
In this week’s episode of “WisBusiness: The Podcast,” Kaplan explained that private-sector employers can mandate a vaccine. If a union represents employees, then negotiations may be in order, he said.
The Americans with Disabilities Act and Title VII laws also may allow employees to get around getting a COVID-19 vaccine even if it’s mandated.
“There’s a number of considerations that an employer should bear in mind if they are giving a mandatory vaccination program serious consideration,” Kaplan said. This includes costs from securing the vaccinations or side effects that may result in needing paid leave.
In addition to financial implications, practical implications associated with a mandate include developing a structured program, accommodating individuals with a disability and deciding if the program should be implemented in the first place.
“Employers who are able to remote work … are probably not needing to implement mandatory vaccination programs,” he said.
Listen to the podcast, sponsored by UW-Madison: