Can your employer require you to get a COVID-19 vaccine once it’s available?

PITTSBURGH — With COVID-19 cases surging, pharmaceutical companies are getting closer to a vaccine.

Moderna announced Monday that its coronavirus vaccine is 94.5% effective.

This announcement comes after Pfizer announced last week that its vaccine was about 90% effective.

These vaccines likely won’t be available to the general public for a few more months. But when the shot is available, can your employer require you to get it?

Reporter: Legally, could an employer require their employees to get the COVID-19 vaccine?

“Yes, I believe they can,” said personal injury and civil rights attorney Todd Hollis.

Hollis said that Pennsylvania is an “at-will” state, which means employees can be hired and fired at will. He also said that the legal precedent has been set with some businesses and employers requiring staff to get a flu shot.

“Employers obviously want to protect themselves ... against potential liability. I would imagine that if an employee for whatever reason doesn’t want to take the vaccine, they would have to prove that ... somehow or another it would be ... medically dangerous to their health,” Hollis said.

For example, flu shots are mandatory for employees who work at Excela Health Hospital in Westmoreland County. And in Allegheny County for the past six years, employees at UPMC who care for patients or work in a patient care facility are required to receive the flu vaccine as well.

Health officials said that some exemptions are allowed for medical and religious reasons.

Reporter: Why is that necessary?

“It’s necessary because influenza is a disease that has a major burden on the country, has a major burden on employers and there is always a risk of transmission occurring in a workplace. So as a health care provider, I’ve been required to get the flu vaccine for several years now,” said Dr. Amesh Adalja.

We found out that other essential personnel, such as firefighters in Pittsburgh, are not required to get the flu shot, but it’s strongly recommended.

Medical experts said that once the COVID-19 vaccine gets full FDA approval, some employers might require certain employees to take the vaccine.

Moderna says early analysis shows COVID-19 vaccine 94.5% effective (NCD)

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