{"id":7832,"date":"2021-04-14T10:29:25","date_gmt":"2021-04-14T15:29:25","guid":{"rendered":"https:\/\/archive-lynchlaw.pfgsandbox.com\/?p=7832"},"modified":"2021-11-18T17:47:58","modified_gmt":"2021-11-18T21:47:58","slug":"can-my-employer-ask-if-i-received-a-covid-vaccine","status":"publish","type":"post","link":"https:\/\/archive-lynchlaw.pfgsandbox.com\/?p=7832","title":{"rendered":"Can My Employer Ask if I Received a COVID Vaccine?"},"content":{"rendered":"

\"woman<\/p>\n

As of April 13, 2021, all adult Pennsylvanians are eligible to receive the COVID-19 vaccine. As eligibility requirements and availability of the various vaccines have expanded and as more adults receive the vaccine, the Centers for Disease Control and Prevention (CDC) and the Pennsylvania Department of Health (DOH) have been constantly monitoring rules surrounding exposure, isolation, and quarantine.<\/p>\n

Current CDC Guidelines<\/h3>\n

In the workplace and in school settings, this has been a moving target over the past several weeks, and it may seem as though the recommendations and guidelines are changing daily. Generally, the rules for isolation and quarantine for a person identified as a close contact to someone who is positive for COVID-19 have been waived if the close contact meets three criteria points:<\/p>\n

    \n
  1. You are fully vaccinated. You are not considered fully vaccinated until two weeks have passed following the second dose of the Pfizer or Moderna vaccine or the single dose of the Johnson & Johnson vaccine.<\/li>\n
  2. The exposure occurred within three months of your receiving the last shot in the series.<\/li>\n
  3. You have remained asymptomatic since the exposure.<\/li>\n<\/ol>\n

    However, if the COVID-19-positive individual resides in your household, then the new waiver rules do not apply, and you will likely have to quarantine. As always, close contacts should follow the directions of DOH in regard to isolation and quarantine.<\/p>\n

    These points are important to keep in mind as the race between vaccination and a dreaded fourth wave of infection goes on. Last week, Governor Tom Wolf verified that Pennsylvania was in the midst of the fourth wave, but he believed that the pace of vaccinations would win out over the fourth wave. However, with even more recent news that usage of the Johnson & Johnson vaccine will be temporarily paused, the Commonwealth runs a risk of falling behind in that race.<\/p>\n

    Workplace Mandates<\/h3>\n

    As the Commonwealth expands into this new phase of all-adult eligibility, questions\u00a0have\u00a0<\/span>beg<\/span>un<\/span>\u00a0to arise as to whether an employer can require an employee to be vaccinated\u00a0<\/span>in order to<\/span>\u00a0return to a physical workplace. Initially, guidance from employment commissions suggested that such vaccination requirements would not be permissible.<\/span>\u00a0<\/span>However, as founding partner Dan Lynch recently <\/span>discuss<\/span>ed in\u00a0<\/span>his\u00a0<\/span>article \u201c<\/span>W<\/span>ith\u00a0<\/span>E<\/span>mergency\u00a0<\/span>A<\/span>pproval of a\u00a0<\/span>V<\/span>accine,\u00a0<\/span>W<\/span>ill\u00a0<\/span>I<\/span>\u00a0<\/span>H<\/span>ave to\u00a0<\/span>Vaccinate?<\/span><\/a>\u201d<\/span>\u00a0the EEOC and other commissions have<\/span>\u00a0now<\/span> indicated that an employer may require that employees obtain vaccines before returning to the workplace.<\/span>\u00a0<\/span><\/p>\n

    This raises another question: What information can my employer require that I give about my COVID and vaccination history? This is best answered using\u00a0the\u00a0age-old adage of the \u201c5\u00a0W\u2019s\u201d:\u00a0<\/span>\u00a0<\/span><\/p>\n