A guide to Medicare compliance processes
March 12, 2021
Rural quarantine needs rural leadership
March 12, 2021
WORKPLACE RELATIONS
Here are some common questions we receive from private practice employers about COVID-19 vaccines and their practice staff.
Q: I run a private practice and after a tough year business has picked up and we’re now very busy. With the vaccine rollout underway, I want my practice staff to be vaccinated for COVID-19. Can I require this?
A: Generally speaking, no. Even though you run a busy practice, you cannot require that your practice staff be vaccinated for COVID-19. The State and Federal Governments have announced that the COVID-19 vaccination is voluntary and there is currently no legal requirement or authority that allows for mandatory vaccinations for staff in private practice.
Q: I have a medical condition and am immunocompromised. If my staff are vaccinated for COVID-19, I’ll feel safer about working in a busy practice. Does this change things?
A: No. The fact that you (or your staff or patients) have a medical condition does not change that the COVID-19 vaccination is voluntary. To ensure your own health and safety, and the health and safety of staff, patients and others at your practice, you will need to continue to apply practical safety measures such as physical distancing, good hygiene and regular cleaning and maintenance.
Q: But I’ve read that an employer can issue lawful and reasonable directions to their employees. Given my medical condition, would it be lawful and reasonable for me to direct my practice staff to be vaccinated for COVID-19?
A: You’re correct that an employer generally has a right to issue lawful and reasonable directions to their employees, but whether a direction is lawful and reasonable will depend on the circumstances. Currently, there is no legal requirement or authority that allows employers to mandate the COVID-19 vaccine for staff in private practice. So, a direction that practice staff be vaccinated for COVID-19 would not be lawful. This position may change in the future if new laws are made, or cases are determined by the Courts.
Q: I understand I can’t direct my employees to be vaccinated for COVID-19, but I’d still really like to ask them. Is that okay?
A: Yes, you should consult with your employees about the COVID-19 vaccine and can encourage and request that they be vaccinated. In your discussions you should cover relevant factors including the nature of your practice, the risk profile of patients and individual staff members, the nature of each staff member’s role and the working environment. It is up to each employee to make their own decision.
Q: One of my employees doesn’t want to be vaccinated because she is pregnant/on religious grounds/on medical grounds/due to personal preference. Is there anything I can do?
A: No. As COVID-19 vaccination is voluntary you will have to respect your employee’s decision. You should continue with the practical safety measures at your practice and you may need to revisit or update your risk assessment with any additional information.