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Employment Law Update + 1/14 Webinar Link/Materials Navigating Difficult FMLA and ADA and Now the Vaccine Issues in the Middle of a Pandemic

    January 29, 2021

    Below are materials from the NISHRM presentation on Thursday, January 14, 2021 that addressing difficult FMLA & ADA + Vaccine issues during the Pandemic. 

    Here is the link to the EEOC guidance -- https://www.eeoc.gov/newsroom/eeoc-issues-updated-covid-19-technical-assistance-publication-3

    Also, if you did not complete the mandatory sexual harassment training for your company before the end of last year – get it done now.  Links to resources will soon be posted on the NISHRM website. 

    Also, the Illinois Expense Reimbursement Act law that took effect on January 1, 2019, should be on your radar.  If you have not yet drafted an expense reimbursement policy for your company, you need to do so, particularly if you have employees who have been working remotely since the pandemic began.  More details to follow. 

    Vaccine-related issues for employers

    Also, as you will recall, I briefly provided an overview of the vaccine issue.  We have an extensive amount of information available for employers on the vaccine. 

    As employers decide on the best approach in dealing with the COVID-19 vaccine, they need to take into account the fact that the available vaccines currently are available based on the FDA’s “Emergency Use Authorization,” and formal approval has not yet been issued by the FDA.  Any vaccination program also needs to be multi-dimensional, taking into account EEO considerations, wage and hour issues, benefit-related issues, employee safety and health, worker’s compensation, and privacy considerations.

    To help employers prepare their organization for employee access to the COVID-19 vaccine, Littler has developed the Littler COVID-19 Vaccination Toolkit to assist employers in navigating and addressing the array of vaccine-related issues in the workplace.

    The toolkit provides the following components:

    (1) A practical overview on availability and distribution of the vaccine.

    (2) A Q & A Guide to help address a myriad of COVID-19 vaccination related issues, which includes discussion of EEOC guidance on employee vaccinations issued on December 16, 2020.

    (3) Sample policies with helpful annotations.

    (4) A comprehensive review of the legal issues tied to the COVID-19 vaccine.

    (5) State-level COVID-19 vaccine distribution guidance.

    The Littler COVID-19 Vaccination Toolkit is available in two versions – one tool kit is designed for all employers, and a separate tool kit has been prepared to address certain unique issues faced by healthcare employers and long-term care facilities. The toolkit price is $1,000, and includes periodic updates.  (The proposed policies alone are worth the price of not hiring an attorney!)  If anyone is interested, they can reach out to Jeff Nowak directly to obtain a copy of the toolkit -- Jeff Nowak at jnowak@littler.com.

    /sites/nishrm.shrm.org/files/NiSHRM%20webinar%20on%20FMLA%20and%20ADA%20and%20COVID-19%20issues.pdf

    /sites/nishrm.shrm.org/files/KM_FLY_TOC_Vaccination%20Toolkit_General_0121.pdf