Yes. Until further notice, it is important that you maintain the same COVID-19 prevention precautions in the practice consistently among all patients. According to the CDC, experts need to understand more about the protection that COVID-19 vaccines provide before deciding to change recommendations on steps everyone should take to slow the spread of the virus that causes COVID-19. Researchers are still conducting studies on how long the vaccine is efficacious for, and whether booster vaccines are necessary. Other factors, including when the vaccine was received, whether the patient has received the second dose, how many people become vaccinated and how the virus is spreading in communities, will also affect this decision.

As the employer, it is important that you protect and keep your employees’ health and health status information confidential, therefore, disclosing whether your employees have or will receive the vaccine is not information you can, nor should share with patients.

A sample response to the patient who asks this question is, “Employee health and medical information is protected by the right to privacy, but please be assured that our optometric practice is continuing to do all it can to ensure patient safety." Further, explain to the patient the protections (such as PPE, staggering of patient appointments, patient and employee daily screenings, social distancing and additional patient barriers) your practice has put in place to mitigate COVID-19 exposure and keep patients safe.

Yes. Even with vaccinated employees, or patients, existing COVID-19 prevention precautions remain necessary until further notice. Cal/OSHA requirements remain in place regardless of the vaccine.

Employers in health care settings have the right to establish legitimate health and safety standards, policies, and requirements so long as they are job-related and consistent with business necessity. 

Optometrists can choose to mandate the vaccine for all staff in their own practices even if California doesn’t require it. Both the federal Equal Employment Opportunity Commission (EEOC) and the State Department of Fair Employment and Housing (DFEH) have issued guidelines supporting mandatory vaccination policies in the workplace, subject to medical and religious limitations.

If employers feel strongly about requiring employees to be vaccinated, COA recommends speaking with an employment law attorney before implementing a mandatory policy.

Employees may be exempt from compliance with a mandatory vaccination policy if they have a sincerely held religious objection or a qualifying disability under the federal Americans with Disabilities Act (ADA) or California Fair Employment and Housing Act (FEHA) that prevents them from safely receiving the vaccine. Specific to the Pfizer and Moderna COVID-19 vaccines, this includes factors such as whether the employee is pregnant, nursing, is allergic to ingredients of the vaccine, or has a compromised immune system.

Upon receiving a request to be excluded from a vaccination requirement as an accommodation, whether due to disability or religious-related reasons, an employer must engage in an interactive process with the objecting employee to determine if they can provide the employee with a reasonable accommodation that does not pose an undue hardship for the employer.

Voluntary policies do not require an employer to pay employee costs associated with the vaccine or time obtaining the vaccine. Most health insurers are covering the cost of the vaccine. However, employers who encourage employees to obtain the vaccine may consider reimbursement of costs (when applicable) and compensation of time to obtain it in order to remove any barriers for employees who may be reluctant to receive the vaccine. If you require employees to obtain the vaccine, then you are required to compensate your employees for their time and costs not covered by their health insurance associated with obtaining the vaccine.

Currently, there is no law that requires employers to vaccinate all employees with the COVID-19 vaccine. It is still too early to fully provide a legal liability response. Theoretically, it may be possible that, in the future, failure to provide or offer the vaccine to employees could be a workplace safety violation – but this is purely speculation.

At this time, we are recommending that employers strongly encourage employees to obtain the COVID vaccine. Employers who decide to mandate the vaccine for all employees must consider reasonable accommodations for any employee requests not to be vaccinated due to a disability, medical contraindications or sincerely held religious beliefs.

It is possible that an employer may never have 100% of their employees vaccinated. Having a fully vaccinated staff does not completely reduce an employer’s liability or obligations to maintain workplace safety standards.

A waiver signed by an employee who refuses the vaccine may not provide an employer with liability protection from patients or other employees. Continue to follow standard COVID-19 prevention precautions regardless of employee vaccinations until further notice.

First, COA recommends staggering the distribution of the vaccine among the optometric team in the event that team members experience adverse reactions within the same window of time. Consider asking your front office team to stagger the days in which they receive the vaccine and the same for your back office team. This will help the practice maintain staff coverage. Employees who request time off due to the vaccine side effects may request to use any available employer provided paid sick leave or vacation time, if approved by the employer.

Any reactions to the COVID-19 vaccine must be reported to the employee’s medical care provider, or to local public health department if the individual does not have a medical care provider.

In the event that an employee experiences long-term health effects and requires a leave of absence, as of Jan 1, 2021, employers with five or more employees must provide up to 12 weeks of unpaid time off to eligible employees under the California Family Rights Act (CFRA).

Illness as a result of the COVID-19 vaccine is not a qualifying reason to provide emergency paid sick leave through the Families First Coronavirus Relief Act (FFCRA expired 12/31/2020)

Finally, an employer may consider offering additional paid sick time to all employees as a means to encourage employees to receive the vaccine and eliminate concern over missing work unpaid.