Many household employers want to know one thing: Can I require my employee(s) to receive the vaccine as soon as it is widely available? The short answer is, yes, but with some caveats.
An employer may have a policy requiring employees to receive the Covid-19 vaccine, provided that such a policy includes an exemption on the grounds of religion (Title VII of the Civil Rights Act of 1964) and disability (American with Disabilities Act, ADA).
Prior to December 16, 2020, the recommended guidance from the Equal Employment Opportunity Commission (EEOC) was for employers to encourage, rather than require, employees to receive the vaccine. Effective December 16, 2020, the EEOC cleared any ambiguity and modified its guidance to allow employers to require such a vaccine. The ADA permits employers to maintain qualification standards that include a requirement employees “not pose a direct threat to the health or safety of individuals in the workplace.” Employers should take note that the Covid-19 vaccine should be widely available before requiring it and should be flexible as to which manufacturer of the vaccine is required.
At HomeWork Solutions, we are experts on the tax and labor laws surrounding household employment, so you don’t have to be. When it comes to Covid-19 and protecting both the employee and employer, we’re here to help you navigate the government guidelines to ensure you’re making an informed decision.
For more details concerning your personal situation around household payroll and taxes, please reach out for a free consultation with an experienced household specialist at 800-626-4829 or visit us at www.homeworksolutions.com.
