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Law professor discusses whether or not employers can require COVID vaccinations

Khan

Fazal Khan

Fazal Khan, a professor in the School of Law, was recently quoted in an 11 Alive article about whether or not an employer can require employees to get a COVID vaccine.

Because COVID-19 vaccines are available to the general public, employers may require employees to get one. In the majority of cases, employers can require their employees to the vaccine, Khan said.

Federal and state laws apply, and there are some situations where an employee might be exempt.

“If you work in a hospital setting, nursing home, long term care setting, that seems absolutely essential to get employees vaccinated,” said Khan.

An employee can legally opt out of getting a required vaccine if they have a valid medical excuse, and “so long as it doesn’t create an undue burden on the employer,” Khan said.

Religious beliefs are example of an exemption.

“You have to make a reasonable attempt at accommodation,” said Khan. “If you’re in an office environment where you can do the job remotely, that would be a reasonable accommodation.”

The article continued to analyze from the perspective of the employer. For example, there’s always a risk one of their employees could have a bad reaction.

“There’s potential for liability and a worker’s comp claim,” said Khan. “I imagine that employers would encourage you to get the vaccine.”

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