“Employers should not require employees to get immunizations because of possible problems with the American Disabilities Act (ADA) and other potential legal issues,” Biddle argues that employees should be paid for receiving vaccinations as it would be part of work time and employers would need to negotiate the issue with the union first if they were dealing with unionized employees. He adds that employers could be liable under workers compensation statutes if there are adverse reactions. Employers can have a list of vaccinated employees but under the ADA, it would have to be kept separate outside of employee records. If employers vaccinated on the site, all health information would require employees to release the information under HIPAA guidelines. Many hospitals require nurses to wear masks if refusing the flu vaccine, however, this practice violates HIPAA because the nurses refusing are patients and now everyone knows they're not vaccinated and this violates patient
“Employers should not require employees to get immunizations because of possible problems with the American Disabilities Act (ADA) and other potential legal issues,” Biddle argues that employees should be paid for receiving vaccinations as it would be part of work time and employers would need to negotiate the issue with the union first if they were dealing with unionized employees. He adds that employers could be liable under workers compensation statutes if there are adverse reactions. Employers can have a list of vaccinated employees but under the ADA, it would have to be kept separate outside of employee records. If employers vaccinated on the site, all health information would require employees to release the information under HIPAA guidelines. Many hospitals require nurses to wear masks if refusing the flu vaccine, however, this practice violates HIPAA because the nurses refusing are patients and now everyone knows they're not vaccinated and this violates patient