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Vaccination Status

Employers have legitimate business interests in requesting, verifying, and tracking their workforce vaccination status.

Employers, in general, can ask employees about vaccination status or require verification without violating HIPPA. The U.S. Department of Health and Human Services, HIPPA rules do not apply to employers or employment records.

Knowing your rate is essential for avoiding business disruption, managing health risks and cost, and implementing safety protocols in step with the latest public health guidance.

Mask Rules

The Centers for Disease Control and Prevention (CDC) now recommends all individuals mask indoors in areas where the Delta virus is surging.

Recommendations for Unvaccinated workers

The United States Occupational Safety and Health Administration Recommendations:

  • Grant paid time off for employees to get vaccinated.
  • Instruct any workers who are infected, unvaccinated workers who have had close contact with someone who tested positive for SARS-CoV-2, and all workers with COVID-19 symptoms to stay home from work.
  • Implement physical distancing for unvaccinated and otherwise at-risk workers in all communal work areas.
  • Provide unvaccinated and otherwise at-risk workers with face coverings or surgical masks, unless their work task requires a respirator or other PPE.
  • Educate and train workers on your COVID-19 policies and procedures using accessible formats and in a language they understand.
  • Stagger break times in these generally high population workplaces, or provide temporary break areas and restrooms to avoid groups of unvaccinated or otherwise at-risk workers congregating during breaks.

Vaccination Status

  • U.S. Equal Employment Opportunity Commission guidance released in December 2020 clarified that employers are allowed to request vaccination status from employees and can do so without violating HIPPA.
  • Employee vaccination status must be kept confidential.
  • Employers need to know the status of their workforce in order to determine strategies to mitigate employee health risks.
Read EEOC guidance.

Safety Protocols

  • The CDC is recommending masking for everyone indoors in areas where the Delta variant is surging, which covers most of the United States.
  • Employers should continue to follow federal and local guidance, implement social distancing, and require sick employees to stay home.
Read the latest from the CDC.
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