COVID-19 Vaccines
And Your Wellness Program
Some employers require employees to obtain COVID-19 vaccines, while others are choosing to offer incentives through their wellness program to encourage their workforce to obtain the COVID-19 vaccine. Check out these frequently asked questions about the vaccine and what it means for your wellness program.
Is it a HIPPA violation for employers to ask for proof of vaccination?
If an employer asks an employee to provide proof that they have been vaccinated, that is not a HIPAA violation.
Employers have a duty of care under the Occupational Safety and Health Act of 1970 (OSHA) to provide a safe workplace for employees. To fulfill the duty of care, an employer can ask for proof of vaccination. If an employee is unable or unwilling to provide proof of vaccination, the employer may be entitled to enforce workplace safety policies such as mask wearing or social distancing.
Yes you can, however, because health status may affect an individual’s ability to receive a COVID vaccine (e.g., immunocompromised, allergies, etc.) it may be considered health-contingent. Therefore, the safest approach is to follow the HIPAA rules for a health-contingent program for any incentive tied to obtaining a COVID vaccine.
Employers can offer an incentive to employees to provide documentation from a third party not acting on their behalf that their family members have been vaccinated, however, employers may not offer incentives to employees in return for their family members getting vaccinated by the employer or their agent.
What are the rules for health-contingent wellness programs?
Participants must be given an annual opportunity to qualify for the reward.
The maximum reward, or penalty, cannot exceed 30% of the total cost of coverage.
The program must be reasonably designed to promote health or prevent disease.
Employees who cannot receive the vaccine due to adverse health status factors must be provided a reasonable alternative method for earning the incentive.
The program must disclose the availability of a reasonable alternative standard in all plan materials describing the terms of the wellness program.
What is an example of a reasonable alternative to getting the vaccine?
An employer will have wide latitude in determining the alternative method: it may be a doctor’s note informing the employer that the employee cannot receive the vaccine, or there may be an additional activity that the employee must complete, such as completing targeted training related to reducing the spread of COVID-19. If the employee completes the reasonable alternative standard, the employee must be able to earn the same incentive as an employee who was vaccinated.
According to the CDC, an employer can consider a workplace vaccination program if it has:
A large number of workers onsite with predictable schedules
The ability to enroll with the local jurisdiction's immunization program as a vaccination provider, including appropriately training staff or using an enrolled vaccination provider.
A location with enough space to have a vaccination clinic while maintaining social distancing through the entire process, from screening to post-vaccination observation.
Note: Hosting an onsite vaccination center also presents increased liability risks that must be carefully considered. Read the workplace vaccination program guidelines by the CDC.
An employer should consider offsite vaccination if it:
Is a small or midsize organization that does not have the resources to host a vaccination clinic.
Has mobile workers who frequently move from one jobsite to the next.
Has workers with highly variable schedules.
Has a majority of workers who prefer vaccination in a community clinic rather than an employer-run clinic.
How do I increase employee’s confidence in the vaccine?
Build vaccine confidence by making confidence visible in your workplace.
Encourage your leaders to be vaccine champions. These leaders should reflect the diversity of the workforce. Invite them to share with staff their personal reasons for getting vaccinated and remind staff why it’s important to be vaccinated.
Communicate transparently to all workers about vaccination and provide up-to-date information.
Create a communication plan. Share key messages with staff through breakroom posters, emails, and other channels. Emphasize the benefits of protecting themselves, their families, co-workers, and community.
Provide regular updates on topics like the benefits, safety, side effects and effectiveness of vaccination; clearly communicate what is not known.