| | November 2022MANAGEHRMAGAZINE.COM8In MyOpinionCarrie B. Cherveny, Esq., is Chief Compliance Officer, Employment Law and Employee Benefits, South Region.She has 20 years of combined experience in employee relations working on the management side providing human resources, employment law, and employee benefits legal guidance. Carrie works closely with clients to identify compliance risks across the organization and develop responsive strategies and solutions that ensure compliance and further the overall organization goals. Part of Carrie's focus is risk mitigation when it comes to various insurances such as health and welfare programs and employment practices liability. Carrie partners with the HUB clients in various industries such as hospitality/restaurant, medical/hospitals, manufacturing, and white-collar businesses to EMPLOYER COVID-19 POLICY MANAGEMENTBy Carrie B. Cherveny, Esq., Chief Compliance Officer, Employment Law and Employee Benefits, South Region, HUB Internationalidentify various organizational risks and develop responsive strategic solutions.As the COVID-19 pandemic continues to evolve employers' interest in vaccination programs continues to increase. As threshold matter, employers must decide whether to mandate, motivate, or educate employees to receive the vaccine. Vaccine programs will require employers to manage employee data ­ the nature of that data will vary based on the employer vaccine policy. 1. MandateEmployers adopting a mandatory vaccine program will face the greatest complexities. Mandatory programs require a significant about of data and employee management and monitoring. To begin with, employers must provide an avenue for an employee be excused from the mandate because of:1. An underlying health condition (Americans with Disabilities Act ­ "ADA");2. A sincerely held religious belief (Title VII of the Civil Rights Act of 1964 ­ Religion ­ "Title VII"); and/or3. The employee is pregnant (COVID-19 vaccines have not yet been approved for pregnant women). While Pregnancy alone generally is not considered a disabling condition (although an underlying medical complication may qualify as a disability), an employer cannot mandate an unapproved use of the vaccine. Therefore, employers should work with their pregnant employees to keep them safely working.If an employee falls into one of the first two categories, the employer should engage in the interactive process to determine if there is a reasonable accommodation that allows the employee to perform the essential functions of the job. The interactive process generally means that an employee will provide the employer with confidential and/or sensitive medical or personal information. Employers will have to keep track of employee accommodations and exceptions along with employee vaccinations. Software programs providing dashboards and reporting will be a key component to a successful mandatory program most especially for larger employers.2. MotivateMotivation programs generally consist of incentives designed to encourage (but not require) employees to receive the vaccine. As discussed in our vaccine eBook, employers should design incentive programs as part of an overall workforce health and safety program (avoid incorporating into the health insurance). Employers offering vaccine incentive programs will have a number of factors to consider such as:· How the incentive is earned· The incentive amount· The method of payment· Necessary documentation to substantiate the incentive
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