{"id":1951,"date":"2021-07-27T21:00:50","date_gmt":"2021-07-27T15:30:50","guid":{"rendered":"https:\/\/www.complianceprime.com\/blog\/?p=1951"},"modified":"2024-05-10T13:30:09","modified_gmt":"2024-05-10T08:00:09","slug":"requesting-proof-of-employees-vaccination-confidentiality-and-requirements","status":"publish","type":"post","link":"https:\/\/www.complianceprime.com\/blog\/2021\/07\/27\/requesting-proof-of-employees-vaccination-confidentiality-and-requirements\/","title":{"rendered":"Requesting Proof Of Employees Vaccination, Confidentiality, And Requirements"},"content":{"rendered":"

The recent adoption of amended regulations and its allowances for fully-vaccinated employees means that employers are bound to consider how they will manage employees at their work-sites and facilities, and whether they will make any distinction between employees who are fully vaccinated and those who are not.<\/span><\/p>\n

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The main purpose of this special amendment is to address the complex and multi-layered legal issues implicated by employer requests for documentation regarding employee\u2019s vaccination status and uses of that information.<\/span><\/p>\n

The \u2018requesting proof of\u2019 includes:<\/span><\/p>\n

Employees Vaccination Status<\/span><\/h2>\n

To take advantage of the allowances provided under the amended regulations, which authorizes employers to exempt fully-vaccinated employees from certain regulatory requirements, employers must document employees\u2019 vaccination statuses. Such a vaccination record offers the best evidence of an employee\u2019s vaccination status with the employer\u2019s request that the employee attests or self-certify to their vaccination status. The attestation should be in writing and should also include the date and the employee\u2019s signature, if possible.<\/span><\/p>\n

Confidentiality<\/span>\u00a0\u00a0<\/span><\/h2>\n

This is related to information regarding employee\u2019s vaccination status.\u00a0<\/span><\/p>\n

Once an employer secures documentation regarding an employee\u2019s vaccination status, the documentation information will constitute confidential medical information under both the ADA and the Confidentiality of Medical Information Act (CMIA).<\/span><\/p>\n

Additionally, the amended regulations will protect employee medical records implicated by the regulations and only permit disclosure where expressly permitted or required by law. Employers in possession of confidential medical information about their employees are subject to strict statutory obligations related to protecting and preserving such information. Also, under the ADA, employers are expected to keep confidential medical information in a medical file that is separate and distinct from the employee\u2019s personal records.<\/span><\/p>\n

Requirements<\/span><\/h2>\n

To use information regarding employees\u2019 vaccination status for purposes other than Civil Code section 56.20\u2019s limited exceptions; an employer must first obtain from the employee a CMIA-compliant authorization.<\/span><\/p>\n

The CMIA sets forth certain requirements in order for an employment authorization to be regarded as valid. Pursuant to it, the authorization must fulfill certain requirements, that is, authorization must<\/span><\/p>\n