Workplace legalities after FDA approval of Pfizer vaccine

SALINAS, Calif. (KION) Local governments on the central coast move to get all employees vaccinated. Each county discussed the mandate at their respective meetings, on Tuesday. San Benito County is the only county that hasn't voted on the issue, after a tense meeting.

Those in support of vaccines, and anti-vaxxers shared some strong opinions. The conversation became heated with some people being kicked out of the council chambers. Members of the board and the public discussed mandatory vaccination for all county employees.

“There is really only one way we are getting out of this pandemic and that is max vaccination. And if somebody else has another solution I would like to hear it. But if that solution is survival of the fittest then don’t even bother cause that’s not ok with me,” said Kollin Kosmicki, District 2 Supervisor in San Benito County.

But several residents who attended the meeting opposed, “All I want to say is this, our greatest ideal in this country is life, liberty, and the pursuit of happiness and what you are doing now, you’re taking those rights away,” Ted, a speaker from the public.

Now that local governments on the Central Coast are issuing vaccine mandates, businesses and universities are looking to county governments to start rolling out their own requirements. Hartnell Community College, Montage Health and now the Monterey Bay Aquarium are requiring employees to be fully vaccinated.

According to Attorney, Marco Lucido, private employers can require their employees to be vaccinated against COVID. If the employee doesn't want to comply, theoretically the employer can terminate.

“It's just that if an employer wants to mandate the vaccine, they just need to be careful and make sure that they have exceptions in their policy for people that cannot get the vaccine,” Marco Lucido, Attorney at Fenton & Keller Attorneys at Law.

Lucido says counties will have to be aware of people with medical disabilities and religious reasons that could be subject to exemptions of any vaccine mandate. But it's a process everyone is adjusting to. Lucido’s suggestion for employers is to make sure you have forms available for employees to fill out for either medical or religious accommodations. Then make those accommodations, like changing that employee's schedule around to where they're working with fewer people, or make sure they wear a mask.

“From what I've seen in my practice, it looks like a lot of employers are now considering whether to mandate vaccines or not,” Lucido. And that’s in part because of the approval of the Pfizer vaccination. While some employers have already mandated months ago, others have been waiting for this very approval.

Monterey county already voted to mandate the vaccine for county employees. On Wednesday, supervisors voted on a timeline county workers have, between September 15th to September 30th, to submit their verification.

San Benito County is likely to vote on having a mandate for county employees, Wednesday morning at 8:30. Public comments will not be allowed.