Potential bill: Imposition of vaccines or COVID tests on employees

The California Legislature is discussing a possible bill that would impose vaccinations or regular testing requirements in the private sector. Although no draft has yet been written, as employers have become more comfortable with the COVID-19 mandates and the FDA has approved the Pfizer vaccine, the chances of the bill being passed have recently increased.

This bill would seek to resemble recent California Department of Public Health (CDPH) actions and executive orders that require all state workers (primarily from the health care industry, educational workers, and high-risk congregated settings) are fully vaccinated or tested regularly.

However, there are several important and practical aspects to consider in any mandatory vaccination bill:

• Who will cover the testing costs and travel time to and from the testing site? Will time spent on testing count as compensable hours worked?
• Will paid sick leave be applied to those who show symptoms of the vaccine? (Considering that the COVID-19 Supplemental Paid Sick Leave will end on September 30, 2021).
• Will employees of small companies have fewer or the same obligations as those of large companies?
• Will employees who refuse to comply still be eligible for unemployment benefits?

Due to differences of opinion on how the measures will be implemented, as well as the complexity of the logistical/practical parts that need to be taken into account, as well as the ongoing impeachment election, it is highly unlikely that the bill will pass to the private sector vaccine during the current legislative session. Should state mandates related to vaccination or periodic testing occur in the future, they are likely to be specific to certain industries and not to the entire private sector in general. At Para Los Trabajadores, we are always up-to-date, so you don’t have to be.