Agility has been crucial in Connecticut’s vaccine effort so far and it’s equally important for the state’s employers when dealing with issues around COVID-19 vaccination, according to employment and healthcare attorneys.
Jennifer Pedevillano, a partner in employment law at Hartford’s Halloran & Sage LLP, finds herself frequently calling clients back after a meeting to update them on changes in regulations relating to the constantly shifting pandemic. Many times, clients will also call her multiple times on the same issue as state and federal guidance evolves.
“There’s always a new question for us to tackle,” Pedevillano said. “We’ve found a lot of clients have been reaching repeatedly during this time because of the changing legal landscape.”
Dealing with law around COVID-19 quarantine, exposure and restrictions was difficult enough. But with the arrival of COVID-19 vaccines, a whole new set of challenges await both employees and employers.
Relying on previous legal advice around flu and other preventative vaccines is not enough, said Duncan Forsyth, a partner in labor and employment law at Halloran & Sage. Procedures around acceptable reasons for vaccine refusal have to be reviewed and followed to the letter.
Employees who want the vaccine should be compensated for their time and expense in getting the shots, Forsyth said.
Discount retailer Dollar General announced earlier this month that it would offer the frontline workers among its 140,000 employees four hours worth of pay as an incentive to get vaccinated.
When it comes to employees who refuse vaccination, employers should follow procedures established under the Americans with Disabilities Act, with an eye toward the details of each case.
“Every situation is going to be unique,” Forsyth said. “When you as an employer are faced with a particular situation it is always prudent to talk with your attorney to do the deep dive with regard to the particular facts and circumstances.”
Hospitals and other health employers face even more complex challenges as they balance their mission to safeguard health and safety with the rights of employees.
Nurses at hospitals, nursing homes and other settings have been refusing COVID-19 vaccines at higher-than-expected rates, according to state officials. Instead of the expected 80% or more agreeing to the COVID shot, numbers for nurses have been around 60%, Gov. Ned Lamont said during a recent briefing.
“They’re hit from both sides,” said Arnold Menchel, a Halloran & Sage partner in healthcare law. “They have all of the same questions.”
With his 33 years of experience in the state attorney general’s office, Menchel advises healthcare clients to be extra careful with their documentation in anticipation of a day when auditors or regulators may forget the urgency of the COVID-19 crisis.
Overall, businesses need to take the time to keep up with evolving guidance around the vaccine campaign and treat each employment situation individually.
“One thing that’s going to be really important is that this analysis is going to be different for every single employer and every single employee,” Pedevillano said. “This is not a topic where there are going to be hard and fast rules.”
