PORTLAND, Oregon — People have a lot of questions these days about workplace requirements and COVID-19 vaccines, like whether employers can force workers to get vaccinated or to come back to the office.
Employers wanted to know how they could encourage people in the workplace to get the vaccine.
So, we took those questions to employment attorney Dayna Underhill with Portland's Holland & Knight Law Firm.
Here's a look at her answers to three of the questions we hear most.
Can my employer require me to get the COVID vaccine?
Answer: Yes. Sort of.
“The yes is a qualified yes," Underhill said. "The law doesn't currently require vaccination, but federal and state authorities across the country, including here in Oregon and also in Washington, have taken the position that employers can mandate vaccines for employees with just a few exceptions.
"And those are medical or religious exemptions that might entitle somebody to a reasonable accommodation, such as continued work from home if that's possible for the employers to facilitate, or if a collective bargaining agreement prohibits it or prevents it.
"Here's why I said 'qualified yes,' besides those two exemption issues: These COVID vaccines have been issued under an Emergency Use Authorization, they are not fully federally approved. So, this may mean that those who accept the vaccine have to do so voluntarily and can't be required. So, we are waiting on further guidance on that issue from the state and federal authorities.”
If or when the vaccine gets full federal approval, the law would permit employers to mandate the vaccine. Underhill said most employers are not requiring the vaccine but are requiring education on vaccine safety.
RELATED: Health care workers, unionized teachers among groups exempted from COVID vaccination requirements
As an employer, how can I encourage my employees to get vaccinated?
Answer: Give them an incentive.
“Encouragement is something a lot of my employer clients are offering right now," Underhill said. "By that I mean, offering time off for vaccines. So, 'We will give you an extra day of vacation if you can show that you're vaccinated' or 'We will pay you a certain amount of money to be vaccinated.' And we are reading more and more about employers getting creative about how to motivate their workforce to be vaccinated.”
Keep in mind, employers have to follow state and federal guidelines to keep you safe at work, like requiring masks and social distancing.
Do I have the right to continue working at home if I don’t want to go back to the office?
Answer: Generally speaking, no.
"And BOLI [the Oregon Bureau of Labor & Industries] has been pretty clear about that," Underhill said. "As an employee, if you're asked to return to work and the office is going to reopen, or your place of employment is going to reopen, you generally do not have a right to refuse to return to work.
"And in fact, your refusal to return to work can, in some circumstances, disqualify you from receiving unemployment benefits--or any other benefits you're receiving--for staying home."
There are some exceptions. For example, if you have a serious medical condition that puts you at high-risk.
Underhill said most large employers are waiting until fall to bring employees back to the workplace. But for many smaller businesses, waiting that long is not possible.
Watch: COVID-19 updates and stories