Tag: Vaccination

Collecting and Storing Employee Vaccination Information Tips Verifying and recording the COVID-19 vaccination status of employees has become a new and unique challenge for many employers. Though many employers have little choice but to request and store this data to enforce mandatory vaccination policies, any documentation concerning an individual's vaccination status is regarded as a confidential medical record by the Americans with Disabilities Act (ADA) and many state laws. However, despite the unique privacy challenges, employers may still request this information. Here are a few suggestions to avoid running afoul of any privacy regulations while tracking your employees' vaccination status. Avoid Any Unnecessary Information Employers are generally legally permitted to request information on their employees' vaccination status and even request documentation that serves as proof of vaccination. It is essential to consider what information your business actually requires. In some circumstances, an honor code may suffice. If some documentation from a medical provider is necessary to prove vaccination status, attempt to keep such information to a minimum and ensure the employee is aware not to submit any unnecessary medical information. This could constitute a violation of the ADA, plus in the event of a data breach, this could create even greater liability. Be Clear What Is Suitable Proof of Vaccination What constitutes acceptable proof of vaccination varies based on jurisdiction and situation. In many cases, it may be completely up to the employer what they choose to accept. However, for some industries and jurisdictions, certain supporting documentation could be required. This could include a vaccination card or other proof provided by the medical provider who administrated the shot in many cases. However, keeping information requirements to the minimum possible is safer whenever possible, and in some cases, a survey response could be acceptable. Employers should also ensure that they have a formal policy in place regarding the information they will collect and the consequences for failing to comply. These policies should be made to comply with all current state and federal requirements. Ensure Proper Collection and Storage In some cases, state law may require employers to supply employees with a collection notice when requesting information regarding vaccination status. This information must be stored appropriately and separate from employee personnel files. Employers must ensure that a policy is in place regarding how this information is stored and when and how it will be disclosed. Employees should be made aware of these policies, and consent must always be acquired before vaccination information is provided to a third party. Remain Informed Rules on collecting and storing employee vaccination information are complex and ever-changing as both state and federal rules are rewritten and interact. As a result, it is important to remain informed and contact legal counsel whenever you are in doubt about your vaccination policies. Protect the privacy of your communications with Pre-employ's fair chance hiring resources. To learn more, download our free guide on 5 Tips To Avoid FCRA Non-Compliance. Source

Tag: Vaccination

Collecting and Storing Employee Vaccination Information Tips

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