Masks and vaccinations
Subject to federal, state or local guidelines and depending on the transmission rate in an area, it may be up to the employer as to whether there will be a company-mandated policy for masks and vaccinations. We recommend that employers keep up with current CDC, OSHA, state and local guidelines to better inform their decision and to check in with their employees to determine if they have any specific needs. Overall, we feel that the best practice regarding masks and vaccines is to stay informed, current and flexible. It’s important that you choose the process that best fits your company’s needs.
Employers are allowed to inquire about their employees’ vaccination status unless there is a state or local law or order to the contrary. There are also local ordinances that require employers to request the vaccination status of their employees, i.e. Santa Clara County, California. Again, the best practice is to stay informed and remain flexible.
When an employer is requesting or reviewing medical information in its capacity as an employer, as it would be when asking about an employee’s vaccination status, it is considered an employment record. In such cases, HIPAA would not apply to the employer. The ADA will govern the collection and storage of this information so the vaccination status of your employees should be maintained separate from their personnel files.
The Equal Employment Opportunity Commission (EEOC), which enforces the ADA, has said that asking about vaccination is not a disability-related inquiry, though it could turn into one if you ask follow-up questions about why the employee is not vaccinated. Asking a yes or no question or requesting to see the employee’s vaccination card does not violate any federal laws or require proof that the inquiry is job-related.
There may be industry specific considerations that make vaccinations mandatory (for example, health care workers or other medical related fields).
As regulations change, it is important to monitor state and local laws as they may vary. We recommend utilizing the HR Support Center and CDC and local government sites to help monitor regulatory changes.
A sample mask policy can be found on the Insperity Help Center or a mask requirement policy on the HR Support Center.
Should I make returning to the workplace mandatory?
The short answer is – it depends. We want to stress the fact that there is no one-size-fits-all for a return-to-workplace policy. Every business has specific needs, roles and activities that will influence their decision moving forward.
When deciding whether to make returning to the workplace voluntary or mandatory, it’s important to consider the nature of your business and whether having in-person operations is essential to the success of your enterprise. If not, having a voluntary return-to-work policy would likely be the best fit for your needs, as it allows flexibility among your employees while still allowing the organization to fulfill its obligations and achieve its goals.
Conversely, you may conclude that you must have your employees work in-person and decide to institute a mandatory return to the workplace. If this is the case, begin communicating the organization’s intentions with your employees well in advance so that they have ample time and opportunity to air any questions or concerns.
If you are looking to establish a hybrid return to the workplace plan, please refer to our Hybrid Working Remote Policy.
What should employers consider as employees return to the workplace?
- Be flexible
Allowing for flexibility in your returning to the workplace plan will help ease fears and allow the organization to make changes as necessary. With guidelines, mandates and business needs constantly changing, employers need to be prepared to pivot and adjust when necessary. - Plan accordingly
Whether you choose to make a return to work voluntary, mandatory or in stages, we recommend that employers give advance notice to their employees and allow plenty of time for potential issues and concerns to be worked out. Easing employees into the idea of your new policies will help diminish uncertainty. - Communicate effectively
Employers should be clear about their decision-making and effectively communicate the business objectives behind these decisions. It is important for leadership to adapt quickly communicate effectively as conditions change. - Remember that no one size fits all
We want to emphasize that there is not one right way for returning to the workplace, but there is a right way for your business and for each employee. Encourage employees to embrace change and help address any concerns. - Committed to change
It is important for leadership to model good work practices so they can create a safe, stigma-free work environment that will trickle down to all levels of the company. This includes manager adoption of the return to the workplace plan. Employers should openly share information on why it is important to be in the workplace, the value it brings to the company and the measures they are taking to keep employees safe. - Take care of your people
Due to prolonged stress from this challenging year, it is essential for people to maintain their mental and physical health to remain productive and engaged in their roles. You can leverage our blog to find more information on taking care of your people.
The necessity for communication
Keeping employees informed now is just as important as it was when they were sent home in early 2020. To combat the potential for miscommunication (or a complete lack thereof), employers should keep the following in mind:
- Leverage your middle management leaders to help create and deploy your communication plan.
- By developing a communication plan, the organization can effectively communicate how the company will return to the workplace. This allows plenty of time for employees to adjust to the idea of working in person.
For your convenience, here are sample communication templates to help you navigate throughout this process, as well as an example timeline to follow; it outlines different benchmarks for keeping employees informed and to prepare them for the upcoming transition back into the workplace.
Sample employee communication timeline:
Throughout this time, establish two-way communication and give employees the chance to provide feedback, allowing open and honest communication.
Summing it all up
As the country and your business continue to reopen and resume normal operations, questions will continue to surface pertaining to a return to the workplace.
Your organization should continue to evaluate best practices and monitor federal, state, and local regulatory changes that impact the return to the workplace. This practice can help you make well-informed decision that best fits the nature of your business.
For additional resources and frequently asked questions, please follow the links below.
Vaccination, Return to Work, and Masking FAQs
(Note: This information is intended for Workforce Acceleration and Workforce Administration customers. Workforce Optimization customers should reach out to your HR specialist for questions or support.)