Lifting of Mask Mandates: What it Means for Your Workplace
With more Americans vaccinated, some mask mandates and guidelines have eased. These changes can raise questions for employers trying to maintain a safe workplace. Here are answers to frequently asked questions from employers.
Q: If an employee receives the COVID-19 vaccination, can they stop wearing a mask in the workplace?
A: On May 13, 2021, the CDC updated its guidance to state that most fully vaccinated individuals no longer need to wear a mask or physically distance in any setting except where required by federal, state, or local laws and regulations. Federal authorities recommend that unvaccinated and otherwise at-risk individuals still wear masks. Keep in mind that state and local rules may still require fully vaccinated individuals to wear masks and follow other safety protocols. Even some jurisdictions that recently eased mask requirements are reversing those decisions now that COVID-19 cases are on the rise in July 2021. Monitor state and local rules and guidance on masks closely.
Note: Individuals are generally considered fully vaccinated for COVID-19 two or more weeks after completing a two-dose series or two or more weeks after completing a single-dose vaccine.
Q: Can I still require fully vaccinated employees to wear a face mask if my state and city says that fully vaccinated individuals no longer need to do so?
A: Yes, employers generally may still require employees to wear face masks, practice social distancing, and follow other safety protocols. In fact, given the complexity surrounding vaccine mandates and documentation and the existence of virus variants, some employers are choosing to continue to require mask wearing and social distancing regardless of vaccination status.
Q: I allow fully vaccinated employees to be in the workplace without a mask, as long as social distancing can be maintained. However, one of my employees is complaining that a co-worker who they suspect is not vaccinated is now going mask-less. For the purposes of my mask policy, can I ask employees for proof of vaccination status?
A: Employers should review federal, state, and local laws, rules, and guidance to determine whether and to what extent they may, or are even required, to seek documentation of vaccination status. For instance, Montana has enacted legislation that prohibits employers from discriminating against an employee based on their vaccination status. Where such inquiries are allowed and you wish to make them, follow the process consistently and ask all similarly situated employees to provide documentation rather than singling out any individual employee. If you relied on the honor system and subsequently have a reasonable basis to doubt an employee's claimed vaccination status, consult legal counsel to discuss next steps.
Q: If a client or another employee doubts whether a mask-less employee is vaccinated and wants to see proof. Can I show them?
A: An employee's vaccination status is confidential medical information. Never reveal an employee's vaccination status to clients or co-workers.
Q: If I'm permitted to ask for proof of vaccination status for the purposes of my mask policy, what happens if the employee says they got the vaccine but doesn't have documentation?
A: When receiving the vaccine, individuals are typically provided a card that documents their vaccination progress. If an employee has lost or otherwise doesn't have documentation, you can ask them to request a copy from the medical provider. If they scheduled their appointment via the Vaccine Administration Management System, they may also be able to obtain their Vaccination Certificate there.
Q: Once mask mandates have been lifted, can I prohibit employees from wearing one?
A: Some states and local jurisdictions have approved laws or regulations that protect employees who wear masks voluntarily. Even in the absence of such protections, it's not a best practice to prohibit employees from wearing masks.
Note: Employers may also be required to allow employees to wear masks as a reasonable accommodation if they are unable to be vaccinated because of disability, sincerely held religious beliefs, or pregnancy.
Conclusion:
Be sure to understand and comply with the most up-to-date rules and guidance regarding masks in the workplace.