Writing Your Optional / Permissive Vaccination Policy

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This is one newsletter you’ll want to read to the end!

Since our last newsletter, the Food and Drug Administration (FDA) has given its full approval for the Pfizer COVID-19 vaccine. With this approval, many companies who had been on the fence regarding vaccines for workers have taken steps forward to mandating it for returning employees. In making this decision, they have also announced that those who remain unvaccinated will face strict testing and quarantine guidelines.

Other companies tell us that even though they will continue to encourage their employees to become vaccinated against COVID19 and the Delta Variant, they will not require their returning employees to be fully vaccinated before returning to work. They said they will continue to monitor their work environments and make changes as needed.

Regardless of your company’s choice, last week’s HR Question of the Week: “My company is not going to be mandating vaccinations returning employees. Do I need an Optional or Permissive Vaccination Policy?” still remains.

And the answer is YES. Even though your company may elect to leave the choice to be vaccinated up to individuals, guidelines are necessary to keep everyone safe.

Here are some items that may be included in your Optional or Permissive Vaccination Policy:

  • The policy should continue to strongly encourage employees to receive the COVID-19 vaccination and booster. To the extent that the employer offers any incentives, the policy should identify the criteria for earning the incentive and if time away will be paid work time or if the employee is expected to do it on their own time. (If the employer will offer incentives, the incentive must not be so substantial as to be coercive.)

  • Identifying sites where employees may receive the vaccination at no charge.

  • The policy may also include a requirement that employees disclose their vaccination status and vaccinated employers may be required to show proof of immunization.

  • The policy may require all non-vaccinated personnel to be subjected to regular COVID-19 testing to ensure the highest level of workplace safety.

  • The policy may further require those who do not prove vaccinated status to comply with additional safety restrictions as necessary to maintain a safe working environment. These can include renewed masking requirements, social distancing rules, restrictions on business-related travel, and other concepts relevant to your work environment.

Because we’ve received so many questions about the ADA and COVID19 and numerous requests to write COVID19 Vaccination Policies, we decided to upgrade and update our ADA Toolkit with a special section containing everything you need to customize your own COVID19 Vaccination policies and to safely answer questions your employees will have about vaccinations in the workplace.

The ADA toolkit includes:

  • The full ADA Process with plain English Reference Guides that clearly explain the ADA process,

  • Forms used in the request for accommodation and interactive process.

  • And great Template Letters you can use to contact an employee’s physician or obtain a medical release.

  • To make certain our ADA Toolkit has your anti-discrimination needs covered we've included our 2021 recorded webinar, “Creating an ADA Discrimination Zone”, along with its accompanying workbook.

And to round things off the ADA Toolkit has a full Chapter devoted to helping you navigate the changes to the ADA laws caused by the COVID19 pandemic.

The ADA and COVID19 chapter contains:

  • Sample Mandatory Vaccination Policy

  • Sample of Permissive or Optional Vaccination Policy

  • ADA Interactive Questions for COVID19 Vaccination Request for Medical Exemption

  • EEOC Interactive Questions for COVID19 Vaccination Request for Religious Exemption

  • Reference Guide containing the text from the EEOC Guidance for Vaccinations

  • Link to the entire EEOC Guidance document as published on www.eeoc.gov website.


But to make this really work for you, our valued loyal PSSWorks! supporters, we’ve created a special Coupon Code that will cut the price in half when you purchase.

Enter Coupon Code ADACOVID2021 at purchase and your final price will be reduced to $124.50.

In addition, we’ll keep an eye on what’s going on with evolving COVID19 rules and regs and send you notices as new updates become available.

Well, that’s all we’ve got for this week. Next week we’ll focus on “What Your Managers Need to Know As Employees Return To Work.”

HR Alerts, Human ResourcesElizabeth FanslowCOVID 19, Vaccinations