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LEGAL ALERT
Mandatory COVID-19 Vaccination Policies:
Key Questions and Legal Considerations
BY PATRICK J. HADDAD, ESQ. AND KATHLEEN A. WESTFALL, ESQ.*
August 2021
Recently, various hospitals and healthcare systems in Michigan and throughout the United States have implemented policies which require COVID-19 vaccinations for healthcare workers and staff before a scheduled date. Mandatory COVID-19 vaccination policies have also been endorsed by various medical societies and other healthcare organizations.
As the number of COVID-19 cases continues to rise due to the rapid transmission of the COVID-19 Delta variant, many medical practices, facilities and groups are considering whether to require COVID-19 vaccinations for their healthcare workers and staff, and how to handle possible medical or religious exemptions. Likewise, many healthcare workers and staff are asking whether their employers may legally require COVID-19 vaccinations, particularly since no
COVID-19 vaccine has received full approval from the federal Food and Drug Administration (FDA) (although media reports have indicated that at least one vaccine may receive FDA approval within weeks).
This article summarizes some of the key questions and legal considerations for medical practices when adopting a mandatory COVID-19 vaccination policy, as well as options for physicians and other healthcare workers who are unvaccinated and may be eligible for a medical or religious exemption.
Are Physicians and Other Healthcare Workers Required by Law to Receive COVID-19 Vaccine?
No. There is no federal or Michigan state law mandating COVID-19 vaccinations. Notwithstanding, the U.S. Equal Employment Opportunity Commission
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