As the world eagerly awaits the widespread availability of the Covid-19 vaccines, employers everywhere are bracing for an onslaught of the next round of Covid-related employment issues.

Can—and should—employers require employees to get the vaccine, to protect themselves and others in their workplaces? Can an employee refuse to return to work if his or her co-workers are not vaccinated? And if there are vaccine injuries, would an employer be liable for them if the employer required its employees to get the vaccine?

Can Employers Require Employees to Get Vaccinated?

Generally yes, an employer can require its employees to be vaccinated—with two major exceptions. (See Hustvet v. Allina Health Sys., 910 F.3d 399 (8th Cir. 2018), which upholds a healthcare system's requirement that its employees immunize against rubella as a condition of employment, and Mazares v. Dep't of Navy, 302 F.3d 1382 (Fed. Cir. 2002), which upholds removal of civilian employees of the Navy for refusing order to get an anthrax vaccine.)