The American Dental Association recently posted answers to frequently asked questions regarding COVID-19 vaccinations for dental staff workers.
Below are five main takeaways:
Can a healthcare employer require employees to get COVID-19 vaccines?
The answer is likely yes, at least for staff with direct patient contact in the operatory, reports the ADA. Yet, the question raises a range of potential legal and practical issues. If a practice has 15 or more employees, any staff vaccination requirement is subject to federal legal requirements to accommodate disabilities and genuinely held religious beliefs.
Any vaccine requirement must be job-related, consistent with business necessity and no more intrusive than necessary. Healthcare providers generally meet this standard with respect to COVID-19, according to the ADA.
If an employer requires staff to be vaccinated, what proof can be requested?
Practices should not request any verification that reveals any medical condition aside from vaccination status. All the practice needs to know is the employee's name and whether a vaccine has been administered.
If staff are required to get vaccinated, does the employer have to pay for the vaccine and/or provide paid time off for them to receive the shot(s) or recover from side effects?
Yes, as appropriate. If staff can't opt out, the practice is responsible for paying the cost of administration and any time the employee is required to spend during off-duty hours. Practices should consider providing paid time off, as some staff members may experience side effects that may keep them out of work.
What if an employer requires vaccination and a staff member suffers an adverse reaction?
If a practice requires vaccination as a condition of continued employment, adverse consequences would be compensable to staff under state workers' compensation laws.
Can employers tell patients if staff members are vaccinated?
If all staff have been vaccinated, the practice is generally free to answer "yes," unless consent is required under applicable law. However, practices shouldn't reveal who has or hasn't been vaccinated.