The COVID-19 pandemic has raised new concerns about work and public safety. Navigating the COVID-19 safety precautions can be confusing. Here’s what employees need to know about getting tested for COVID-19, and if your boss can force you to get the COVID-19 vaccine.
At-Will Employment
At-will employment means that an employee may leave their job at any time, and employers may fire their employees at any time for any lawful reason, or no reason at all. The employer can legally require vaccination as a condition of employment. If an employee refuses to get the COVID-19 vaccine, an employer may legally terminate the employee.
Related: At-Will Employment in California
Exemptions to Getting the COVID-19 Vaccine
However, an employee can be exempt from getting the COVID-19 vaccine by proving a disability or sincerely-held religious belief. In order to prove a religious exemption from the COVID-19 vaccine, an employee should show the following:
- That they genuinely observe a generally recognized religious faith.
- That their faith prevents them from getting the COVID-19 vaccine.
Personal or ethical beliefs are insufficient to establish a sincerely held religious belief, and thus are not enough to warrant a religious exemption from the vaccine.
In order to prove a disability, an employee should demonstrate that:
- they have some physical disability, mental disability, medical condition, or genetic condition.
- their disability makes it difficult for them to get the COVID-19 vaccine.
Very few disabilities would legally exempt an employee from getting the COVID-19 vaccine. Similarly, it is very rare for a recognized religious faith to prevent employees from getting the vaccine.
If an employee is able to prove a disability or religious exemption, the employer must provide a reasonable accommodation to allow the employee to work without getting the COVID-19 vaccine.
Related: Can My Boss Fire Me for Having COVID-19?
FAQs
Can my boss force me to get the COVID-19 vaccine?
Yes, employers can require their employees to get the COVID-19 vaccine. Most employees are employed at-will, meaning that the employee or employer may terminate the employment at any time for any lawful reason, or no reason at all. Employers can legally terminate employees for refusing the COVID-19 vaccine.
Related: Can My Boss Force Me to Get a COVID-19 Test?
How can I avoid getting the COVID-19 vaccine?
Employees can avoid getting the COVID-19 vaccine if they can prove a disability or religious practice that prevents them from getting the test. However, it is very rare for a disability or religious belief to justify refusing to get the COVID-19 vaccine.
Contact Us
If your boss is illegally forcing you to get the COVID-19 vaccine, get your free consultation with one of our Californa Employment Attorneys today!