This was your most frequently asked question this week. Most employment law attorneys say it’s best to hold off on mandating booster doses for now. The latest CDC guidance differentiates between all adults who may get a booster shot, and certain high-risk people who should get a booster shot or additional dose. That tricky wording, plus the fact that the CDC hasn’t changed the definition of “fully vaccinated” means that for most companies, it doesn’t make sense to mandate boosters. Plus, we’re finding that many people who were excited to get vaccinated in the first place are quick to get boosters, while the real time and effort should be focused on getting vaccine-hesitant folks to get their first shots.
This is a legal question and a policy question that falls outside of our clinical expertise. You’ll need to determine your own comfort with risk, and make a decision that works for you. Fisher Phillips, who many of your turn to for guidance on employment law issues, advises that most companies take some behind-the-scenes steps to prepare, without taking major
Recently, the WSJ reported that most companies are moving forward with the expectation that they may need to comply, in part because implementing vaccination tracking for employees is a complex process that can’t be done overnight. SHRM and other advisors continue to recommend preparing for compliance and that in doing so, you will achieve much of the goal of the ETS, which is to encourage employees to get vaccinated.
Anyone who tests positive for COVID needs to self-isolate, regardless of their vaccination status, because testing positive means that the virus was detected in their upper respiratory system (AKA in their nose!). If there’s enough virus to be detected by a nasal swab, there’s enough virus to be coughed, sneezed, breathed, or laughed into the air, and into someone else’s body. So, vaccine or not, if someone tests positive for COVID, they need to isolate for 10 days from the start of their symptoms, or from the date of their positive test if they don’t have any symptoms.
We’ll be off on Friday and back at you next Tuesday with more COVID news.
This year on Thanksgiving we’re acutely aware of the fact that American Indian and Alaska Native people have been disproportionately affected by COVID. We’ve given to the First Nations COVID-19 Emergency Relief Fund and encourage you to do the same, or to reach out to local indigenous groups in your area to find out how you can support.
Safe travels, and have a great week.