As employers create their return to work plan, many are wondering if they should ask employees for their CDC vaccination card. MP’s HR services team offers 5 tips on how to approach their return to work and vaccination cards.

1. Don’t ask directly for vaccination cards. MP’s HR providers suggest never directly requesting a vaccination card. Asking for a card could risk the company’s ability to be ADA compliant because it may lead to a conversation that is about other health conditions or information. Employers should ask their workers only for information that they require specifically for business necessities. If knowing if the employee is vaccinated helps them with safety concerns, they should have a simple, straightforward question about that. The employee can answer “yes, I’m vaccinated” or “No, I’m not.” They should be encouraged to just give that “yes” or “no” answer– nothing more. (Employers should note that regardless of vaccination status, everyone must continue to follow all COVID precautions until the CDC directs otherwise.)

2. Beware of discrimination concerns. If employees can’t get vaccinated because they have a disability, or if they won’t be getting vaccinated because of a religious belief, it’s important that they aren’t discriminated against. Employers can avoid discrimination lawsuits or complaints in a few ways. Firstly, they should not distinguish vaccinated employees from unvaccinated employees. This means no special teams of vaccinated workers or buttons saying, “I’m vaccinated.” Another way to avoid ADA discrimination or religious discrimination is to engage in an interactive process with employees. Train managers in this process and let employees know how to make an accommodation request.

3. Train managers in employee policies about vaccination. Employers will severely mitigate risk if they can train managers in how to handle discussions surrounding vaccination. Teaching managers not to request sensitive health information, like why an employee will or won’t be getting vaccinated, is important. So is ensuring that the manager doesn’t share any protected health information with anybody but management (unless there is a legitimate business reason to do so). Employers can also train their managers in the interactive process to avoid ADA discrimination concerns.

4. Use anonymous surveys instead of requesting vaccination cards. Employers can find out how much of their team is vaccinated by sending out an anonymous survey. Especially if most members of the team are either vaccinated or planning to become vaccinated, this will tell them what they needed to know for safety purposes. It will also avoid any concerns about ADA compliance or discrimination.

5. Don’t forget social distancing and mask requirements, even post vaccination. Because there is limited data on whether people can still spread COVID post-vaccination, the CDC is recommending that people still wear masks and socially distance in public. This means that to maintain a safe environment, employers should require all employees, even vaccinated ones, to wear masks and socially distance. A best practice would be to spell out these requirements in updated employee policies, then share them with staff. The HR department can collect signed acknowledgements of these policies and keep them on file. If an organization has not returned their team to the workplace yet, it will help to get these policies shared and acknowledged before the return to work so everyone knows what to expect. 

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