With millions of Americans receiving one of the currently three-approved vaccines for COVID-19 each day, the populace is starting to see the light at the end of the pandemic tunnel. But what will this mean for businesses, their employees, and their customers going forward?

Can employers require that employees get vaccinated?

In Florida, probably yes.

Most employees are considered “at-will” where the employer can change the terms of the employment agreement or terminate it at will, and therefore an employer could require vaccination as a condition of continued employment. However, employers must ensure that they are complying with any applicable anti-discrimination laws regarding religion or disability and should consider the risk exposure of employees before making a vaccination policy. If you are a business owner, be sure to check with your attorney prior to issuing any vaccine requirement policy.

 Can schools require proof of vaccination from students/faculty?

Yes.

However, Florida allows for a religious/philosophical exemption from vaccination requirements which, if documented properly, would allow exemption from the requirement.

 Can businesses require proof of vaccination from customers?

In Florida, probably no.

Numerous countries are requiring proof of vaccination for travel, and many states are permitting businesses to limit their patrons based on either vaccination or negative-COVD test status, but if you live in Florida, the answer may be “No”. On March 29, 2021, Florida’s Gov. DeSantis made a statement that he would forbid Florida businesses to require vaccine passports (or proof of vaccination) of their customers and that he was prepared to sign an Executive Order to that effect. For more information on Gov. DeSantis’ press conference, see https://www.wesh.com/article/vaccine-passports-florida/35969929#.

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This blog was written by Hunter Business Law Attorney Haley Lemon.

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