Is It Legal to Provide Rewards for Returning to Work or Being Vaccinated?

As COVID-19 immunizations become more readily accessible, many companies and workplaces around the country are reopening to employees. Employers are now questioning how to make workers enthusiastic about returning to work and if they can encourage or incentivise staff to obtain vaccines in light of these increases. Although the legislation may seem to be unclear, the following questions might assist businesses in determining how to remain lawful while granting vaccination and return-to-work incentives.

What you’ll discover:

Is it permissible to give vaccination incentives to employees?
Is it permissible to give incentives to workers to return to the office?
What about exemptions and reward schemes for employees?
Can face masks or other PPE be used as a motivator?
Is social distance essential at work?

Is it permissible to give vaccination incentives to employees?

Yes, in general — but it depends. There are certain key caveats that employers must consider. Secondly, individual state or municipal governments may place limitations on specific incentives or prohibit them entirely. When implementing a vaccine incentive scheme, employers should check for these limits.

Nonetheless, under federal law, incentives may be made accessible if they are offered appropriately. Significantly, the Equal Employment Opportunity Commission (EEOC) expressly informed employers that they may require vaccinations as long as accommodations are provided for persons who have religious views or impairments that prohibit them from obtaining the immunization. A strong Vaccination Policy will solve these concerns.

If employers are giving the immunizations, the incentives cannot be so large that they are coercive. Employees may feel pushed to provide confidential medical information if the reward is an extra two weeks of salary, for example. Similarly, requiring an employee’s medical providers to divulge sensitive health information for Proof of Vaccination in order to win the incentive may be a violation of the Americans with Disabilities Act (ADA). The EEOC stressed, however, that requiring workers to voluntarily present Proof of Vaccination delivered by a third-party is permissible and does not impose the same limits on incentives.

Here are some incentive examples:

Financial incentives.
Presents or gift certificates.
More vacation time.

These are a few recent instances of incentives:

One large shop is offering a monetary incentive of $100.
A modest local travel business pays its staff $75 per hour.
A major retailer pays its workers $75 per hour.
One major transportation business pays the equivalent of two hours of straight time and allows workers to schedule immunizations during normal work hours.
An worldwide supermarket chain is paying all immunization expenses, including two hours of wages for each dosage.

Is it permissible to give incentives to workers to return to the office?

Yes. Companies might provide incentives to workers in order to urge them to return to their physical location.

One huge real estate business is randomly paying $10,000 each day to a vaccinated employee who comes back to the workplace. As incentives, they are also giving away a holiday to Barbados and flights on the company’s private plane. Although these awards may be troublesome owing to privacy concerns if only given to vaccinated workers, businesses find them to be successful in getting staff back to work.

Some firms provide answers to some of the most challenging portions of returning to work, such as giving free child care or increased commuting perks. These more personalized incentives, like as bonuses, salary raises, or perks, are often a superior answer since workers appreciate them much more than unpredictable rewards.

What about exemptions and reward schemes for employees?

Because of health or religious grounds, certain workers may be excluded from receiving the COVID-19 immunization. In general, even if a company just provides an incentive program rather than requiring vaccination, an exemption mechanism should be in place for workers who do not qualify for the incentive.

One course of action may be to give the same incentives to workers who submit a Vaccination Exemption Form, since excluding people due to their religious views or disability would run afoul of federal anti-discrimination regulations.

Before establishing any regulations, consult with an attorney about your unique scenario if you have questions or concerns about how to properly administer an incentive program.

Can face masks or other PPE be used as a motivator?

Supplying workers with masks and personal protective equipment may be more than an incentive; it may be mandated. Companies may go above and above by offering high-quality reusable face coverings for workers who return to work, as well as disposable ones in case someone forgets their reusable one at home.

The Occupational Safety and Health Administration (OSHA) of the United States Department of Labor advises that firms give free face coverings to their employees. Employers should probably consider adopting the current CDC guidelines, given the fluctuating news regarding whether masks are required and who need them.

Keep in mind that state and municipal rules may compel businesses to supply free PPE. Moreover, if businesses need their workers to wear PPE, many state and municipal legislation mandate them to supply it. Masks must be given, just as businesses are obligated to supply clothes, equipment, and other items needed for workers to accomplish their jobs. The silver lining here is that providing a safe work environment including masks and other PPE might help reduce employee concerns about returning to work.

Is social distance essential at work?

There are no federal rules or regulations requiring social isolation. Nonetheless, even if employees are vaccinated or wearing masks, state or municipal governments may impose social separation.

Companies should continue to actively push employees to maintain social distance whenever and whenever practicable. Certain municipal and state regulations may specify how employees, clients, and visitors should be spaced or interact in an office or workplace.