Employers ponder vaccination rules

Can a business require its employees to receive COVID-19 vaccinations?

That question is being asked more often as the COVID-19 vaccines have become available to virtually everyone older than 16 in the United States.

Although there are no federal employment requirements for vaccinations, the question of whether a state, local government or employer mandates the inoculation of employees as a condition of employment is often a matter of state or other applicable law.

"In general, businesses can have internal policies that require their employees to be vaccinated or show proof of COVID-19 vaccination," said Maria Davis, health educator with the Cape Girardeau County Public Health Center.

"However, if this is something your business is considering, we recommend talking with an attorney prior to implementation of such policies," she said.

Area employers who want to know more about vaccine availability and options for their companies are welcome to contact Davis for additional information.

"Immunization education is the key for individuals to feel confident in their decision, and we are happy to help businesses educate their staff," she said.

Asked whether she knows of any companies in the area that are requiring their employees to be vaccinated, Davis said she is not aware of any, "but it is, of course, possible."

A recent survey by Arizona State University, in cooperation with the Rockefeller Foundation, found 65% of U.S. employers are either offering or plan to offer their employees incentives to be vaccinated and 63% will require proof of vaccination. Of the businesses surveyed for the study, 44% said they will "require" employees to be vaccinated, 31% said they are "encouraging" vaccinations, and 14% reported they will require "some" employees to be vaccinated.

The survey, released Thursday, represented responses from 957 companies across 24 industry sectors in the United States. Most of the responding companies had at least 250 employees.

In Missouri, two bills have been filed by state legislators that would impact vaccination requirements.

House Bill 838, sponsored by Rep. Ed Lewis (R-Moberly), would prohibit any public employer from requiring any public employee to receive a COVID-19 vaccination and would also prohibit a political subdivision from adopting any ordinance, rule or regulation requiring a public employer to implement a policy mandating a shot for their employees.

The bill, co-sponsored by three other Republican lawmakers — Cheri Toalson-Reisch of the 44th District, Chris Sander of the 33rd District and Brian Seitz of the 156th District — was referred to the Committee on Rules-Legislative Oversight on April 7.

Meanwhile, House Bill 566, sponsored by 2nd District Rep. John Eggleston (R-Maysville), would prohibit governmental entities from requiring any person to receive an immunization against a contagious illness and would prohibit employers from requiring their employees to receive immunizations. It would also keep employers from terminating, disciplining, demoting or otherwise discriminating against employees based on their refusal to receive a vaccination.

HB566, co-sponsored by Republican Rep. Suzie Pollock of the 123rd District, was read for the second time Jan. 7, but has not been heard in committee.

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