HR Webinar: COVID-19 Vaccines and the Workplace: What Employers Should Know

Organize. Humanize. Maximize.
“Vaccine-Nation”:
What is the Role of the USA’s Employers?
February 24, 2021
Bob Greene
Senior HR Industry Analyst

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Today’s Speaker
Bob Greene currently serves as Senior HR Industry Analyst at Ascentis.
Bob’s 43 years in the human capital management industry have been spent
in practitioner, consultant and vendor/partner roles. As practitioner, he
managed payroll for a 5,000-person bank in New Jersey. As consultant, he
spent 8 years advising customers in HRMS, and payroll and benefits system
design as well as acquisition strategies. Bob also built a strategic HCM
advisory practice for Xcelicor (later acquired by Deloitte Consulting.)
As vendor/partner, he has had prominent roles in sales support, marketing
and product management at several companies and currently Ascentis. Bob
has been a Contributing Editor for IHRIM's Workforce Solutions Review
journal, for the past eight years, and for 2021 is the Co-Managing Editor.
His experience also includes two years as Adjunct Lecturer in HRIS at
Benedictine University in Lisle, Illinois. In addition to his 43 years of
experience, Bob also holds a BA in English from Rutgers University.
Bob Greene

Agenda
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• Part I: How We’ve Changed
• As We Reach One Year Since the First COVID-Related Death, “Vaccine-nation” is Underway!
• The Vaccination Story So Far
• Part II: The Role of Employers in Vaccinating America
• The New “Safer Workplace Pyramid”
• Decisions to Make NOW
• Inform and Educate
• Incentivize
• Mandate
• Ten Steps to a Solid Employer Vaccine Policy
• How Ascentis Can Help

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Disclaimer
• Legal advice
• A political opinion
This presentation is NOT:
Before Taking Any Actions
Before taking any actions on the information contained in
this or any other Ascentis presentation, employers should
review this material with their professional advisors.
This presentation is based on the latest published information available up to 24 hours
prior to its broadcast. This information is changing and being reinterpreted frequently.
Please check for updates before relying on this content.

Part I – How We’ve Changed
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“This virus is essentially malware aimed at the source code of humanity…”
-- Amy Webb, Quantitative Futurist

The Impact of the COVID-19 Health Crisis on HR
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Metric February 1, 2020 February 1, 2021
U-3 US Unemployment Rate
U-6 US Unemployment Rate
3.5%
7.7%
6.3%
12.0%
Number of Unemployed 5.79 million 10.13 million
Job Openings 7.0 million 6.6 million
Percent of Employees
Regularly Working from Home ~ 3.4% 40 - 50%
Percentage of Children Schooling from
Home (at “Height” of Phase I) ~ 4.4% 97.35%
States with Stay-at-Home Orders
(at “Height” of Phase I) 0 45
Number of Vaccines Given
as of 6:00 pm EST, 2/22/2021
63.09 million / 208.27 million
USA / worldwide
Number of Vaccines Given Per 100 Ppl
as of 6:00 pm EST, 2/22/2021
19.0 / 2.7
USA / worldwide
Percent of US residents vaccinated
as of 6:00 pm EST, 2/22/2021
13.1% / 5.7%
one dose / fully

The Vaccination Story So Far
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https://ourworldindata.org/grapher/us-daily-covid-vaccine-doses-
administered?tab=chart&stackMode=absolute&region=World

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Weekends
Impact of
“Snowmageddons”

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https://ourworldindata.org/us-states-vaccinations

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Part II – The Role of Employers in Vaccinating America
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“Failing to Plan … is Planning to Fail”
-- quote attributed to Benjamin Franklin

January 29, 2021: OSHA Regroups
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https://www.osha.gov/news/newsreleases/nation
al/01292021-0

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https://www.osha.gov/coronavirus/safework#eliminating
-the-hazard

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https://www.osha.gov/coronavirus/safework#eliminating
-the-hazard

Maximizing Worker Safety in “Reopening” America
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The Safer Workplace “Golden Triangle”:
Phase I:
Reconfigure
Communal
Work
Spaces
Phase II:
Determine
Who Works
Where –
Home/Office
VACCINATE
THE
WORKFORCE
Phase III:
Conduct
Daily
Health
Screenings
Our Focus
Today

The Role of Employers in “Vaccinate America”
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Inform & Educate
Incentivize
Mandate
• Advocate for the national program
• Provide answers to FAQs
• Offer “one-stop shopping” for all vaccine-
related information, including links to
state, county and city websites
• Help to dispel myths and misinformation.

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Inform & Educate
Incentivize
Mandate
• Offer one or more incentives for
completing the vaccination program
• Cash payments, PTO, transportation, a
future celebration party – be creative!
• Can be individualized, team-based (to
create competition) or both.

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Inform & Educate
Incentivize
Mandate
• Make vaccinations mandatory for all, or a
portion of the employee population
• Ensure that all legitimate employee ADA
exemption claims are properly evaluated
• Offer accommodations for employees
with legitimate objections.

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Inform & Educate
Incentivize
Mandate
Source: Fisher Phillips Law Firm
https://www.fisherphillips.com/resources-alerts-
fp-flash-survey-reveals-most-employers-not
Fisher Phillips employer survey of 700
employers conducted January 26-29, 2021.
• Attitude toward mandating vaccination as a
condition of employment:
• 9% of employers are considering it
• 27% are unsure whether they will consider it or not
• 64% are NOT considering adopting this policy.
• Industries most likely to consider mandating it:
• 18% are agricultural/food production
• 13% are construction
• 12% are healthcare
• 11% are hospitality
• 10% are retail.

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Inform & Educate
Incentivize
Mandate
Source: Fisher Phillips Law Firm
https://www.fisherphillips.com/resources-alerts-
fp-flash-survey-reveals-most-employers-not
Fisher Phillips employer survey of 700
employers conducted January 26-29, 2021.
• Attitude toward incentives for employees to get
vaccinated:
• 21% of employers are planning or considering it
• 43% are uncertain about offering incentives
• 36% are NOT considering offering incentives.
• Popularity of various incentives:
• 38% are likely to offer cash or gifts
• 30% are planning to offer paid time off
• 25% are uncertain what their incentive will be
• 5% believe offering vaccinations onsite is “incentive
enough”

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Inform & Educate
Incentivize
Mandate
Inform & Educate:
• Little to no “down-side” – little detailed
direction from any government, no mandate,
no regulation limiting the process.
• Employees are seeking clarification on
many details related to the vaccine:
• When it’s “their turn” (Priority Group)
• Where to go to get it
• Whether there is any cost
• Because the vaccination distribution
program has been decentralized down to
individual states, counties, and in some
cases, cities, multi-location employers will
have the greatest challenges.
• Each employer will have to decide for
themselves to what extent they are
comfortable addressing anti-vax arguments,
particularly those based on conspiracy
theories, head-on.

Employers’ Role in “Vaccinate America:” Inform & Educate
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Example of an
ESS Portal
Landing Page

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“Region” One: Location-Specific Vaccine Information

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Location-Specific Vaccine Information: Key Considerations
Source: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/recommendations.html
The CDC Only Set Guidelines:
• Phase 1a:
• Healthcare personnel
• Long-term care facility residents
• Phase 1b:
• Frontline essential workers (e.g., police, fire, EMS)
• People aged 75 and older
• Phase 1c:
• People aged 65-74
• People aged 16-64 having underlying health conditions (co-morbidities)
• Other essential workers, including those who work in transportation and
logistics, food service, housing construction and finance, information
technology, communications, energy, law, media, public safety, and
public health
• HOWEVER, these were only guidelines, and state and local
governments were encouraged to establish their own “rules.”

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Colorado Ohio Arizona
Washington Oklahoma Massachusetts
Hawaii Alabama Maryland

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Ramsey County, MN San Diego County, CA Maricopa County, AZ
Hillsborough County, FL City of Chicago, IL City of San Ramon, CA
City of Philadelphia, PA
So….
• With 50 states in the US…
• …and 3,006 counties in the US…
• …and countless cities in the US…
• How does a multi-location
employer make this work?

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“Region” Two: Providing Reliable Information; Dispelling Disinformation

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Challenging the “Myths” *
* So much less confrontational than “conspiracy theories”

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Providing Reliable Information; Dispelling Disinformation: Key Considerations
Source:
https://www.hhs.gov/sites/default/files/strat
egy-for-distributing-covid-19-vaccine.pdf

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Dispelling Myths: The Case of the “mRNA Misunderstandings”
Source:
https://www.cdc.gov/coronavirus/2019-
ncov/vaccines/different-vaccines/mrna.html
This myth may have
originated because older
vaccine design used
live, attenuated virus
(e.g., measles, mumps,
rubella)
This myth may have
originated because
those without a science
background may
conflate the concept of
DNA with messenger
RNA

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Dispelling Myths: The Case of the “Chip Conflation”
+
=

The Role of Learning Management Systems (and Content)
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LMSs That Are SCORM Compliant Are Essential to Minimizing Liability
SCORM is an LMS content design standard:
• Ensures plug-and-play compatibility between
design software, content and player.
• Includes standard features like course pacing,
bookmarks, and prerequisite enforcement.
• Most important, SCORM can include required
quizzes or tests of knowledge, recording both
the students’ answers and their unitary and
overall score.
• Bottom line: while an employee handbook
and published policies are important to have,
and an employee signature may “signify”
they’ve received and read the policy, you just
can’t replace recorded test administration and
question by question results to prove that the
employee understood the policy when they read
it.

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Employers’ Role in “Vaccinate America:” Incentivize
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Vaccine Incentives – What Works Best?

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Vaccine Incentives – Key Program Considerations
• Do vaccine incentives work? Preliminary anecdotal (survey response) evidence indicates they do. A
survey by Blackhawk Network (a payments provider) indicates:
• As many as 40% of all employees are either unsure or do not plan to get the COVID vaccine, but
• When a $100 cash incentive is offered, 1/3 of that 40% would agree to be vaccinated.
• When the 60% who plan to take the vaccine is added to the 13.33% of the population that is vaccine-resistant but who
would agree with a cash incentive, this yields 73-74% -- “within the ballpark” that doctors and scientists indicate we
need to achieve herd immunity.
• Incentives can include any combination of:
• Direct cash payments
• Paid time off
• Reimbursement of travel to/from the vaccination site.
• Incentives can be individual or team-based, to encourage competition among employee groups to
achieve as close to 100% team-based vaccination levels as possible.
• Remember that vaccine incentives are likely subject to the same ADA restrictions as are other wellness
provisions. Always check with your legal advisors, but for employees who are pregnant (in which case
advisability of receiving the vaccine is subject to employee/healthcare provider mutual decision), have a
disability, or a sincerely held anti-vaccine religious belief, it may be advisable to offer an alternative to
vaccination to achieve full participation in the incentive program. One such alternative might be a series
of LMS-based coursework covering COVID-related healthcare issues.

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INFORM/EDUCATE INCENTIVIZE MANDATE
PTO BONUS $
{U.S. Employees)
(25,000)
4 hours pay for 2 doses
(50,000)
4 hours PTO for 2 doses
(~800,000 gig)
$25 “stipend”
(143,000)
(1,346)
(350,000)
hourly only: 4 hours PTO for 2 doses
+ $30 round trip ride reimbursement
Sources: See Appendix

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PTO BONUS $
(500,000)
$100 one-time cash
and $100 store card
{U.S. Employees)
(315,000)
$200 one-time
(66,000)
$100 one-time
(133,000)
hourly only; 4 hours pay for 2 doses
(20,000)
(205,000)
4 hours PTO for 2 doses

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PTO BONUS $
(6,100)
{U.S. Employees)
(26,000)
$500 one-time
(120,000)
(55,000)
$75 one-time
(225,000)
$125 store gift card for 2 doses
(32,000)
PTO as needed $50 one-time

Employers’ Role in “Vaccinate America:” Mandate
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Vaccine Mandates – PROCEED WITH CAUTION!
• Are vaccine mandates legal? The EEOC recently re-issued employer guidance on COVID-19 employee
policies to include the latest rules around vaccine mandates (specifically, Section K). Unfortunately, while
they implied that mandates are legal using the same logic that have made other vaccine mandates legal in
the past, they did not come out directly and say so verbatim.
• Remember that all COVID vaccines currently available are being made available under “Emergency Use
Authorizations” (EUAs), not under regular FDA approval.
• This triggers a series of additional requirements for administering the vaccines, including the provision of a fact sheet to the patient, and a
special informed consent signature that goes beyond what would be required under a fully approved vaccination.
• The recent EEOC guidance outlined above acknowledges the EUA status of the vaccines, but fails to go further in advising employers on its
consequences. For its part, the FDA does not comment on employee/employer relations matters.
• Bottom line? The failure of the EEOC and the FDA to cross traditional jurisdictional lines presents a special limitation for employers that may
create an additional, temporary exception under which employees may refuse a vaccine mandate.
• Where employees refuse an employer-mandated vaccine for any legitimate reason (disability, religious
belief, possibly the vaccine’s current EUA status), traditional ADA reasonable accommodation rules apply.
• While most employers have indicated no plans to mandate vaccines yet, many legal experts believe that
employers in the healthcare and first responder industries may be the most justified in doing so legally,
since direct contact with infected COVID patients is more likely a requirement of the job.
• Most court cases in which employer vaccine mandates have been upheld against employee challenges have been in the healthcare industry.
See, e.g., Hustvet v. Allina Health Sys., 910 F.3d 399 (8th Cir. 2018) (holding that requiring employees with potential contact with immune-
compromised clients justified an employer’s immunization requirement.)

Ten Steps To a Solid Employer Vaccine Policy *
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1. Organize a Vaccine Committee
• If you haven’t done any work to date, your first step may be convening a committee to help suggest and develop
recommendations for your business. This committee should either be comprised of or receive input from human
resources, legal, workplace safety, and other personnel who are in the best position to develop effective strategies
while considering all relevant angles….
2. Determine Your Place in Line
• You should first determine whether your business is categorized as an essential business such that you can
receive priority access to the vaccine in advance of the upcoming “open season”…
3. Decide Whether You Will Mandate the Vaccine
• While it appears that you can mandate the vaccine for your workforce and avoid legal exposure with respect to
federal anti-discrimination laws, not many employers appear to be going this route.…
4. Decide Whether You Will Encourage the Vaccine
• A much preferred option, the great majority of employers appear to be considering encouraging the vaccine rather
than requiring it.…
* Source: Fisher Phillips Legal Alert, “The Widespread Availability Of COVID-19 Vaccines May Be Here Sooner Than You Think: A 10-Step Action Plan For
Employers,” February 18, 2021, https://www.fisherphillips.com/resources-alerts-the-widespread-availability-of-covid-19-vaccines

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5. Mount an Effective Education Campaign
• While concerns about vaccination side effects are legitimate, worries over contracting COVID-19 from the vaccine
– and other safety concerns – are based on inaccurate information. You can help ease some of this apprehension
by providing accurate information and offering clarifications to address misinformation directly.….
6. Decide Whether You Will Incentivize the Vaccine
• Many employers are considering the option of encouraging employee vaccinations through the use of incentives.
According to the [Fisher Phillips] Flash Survey, the two most popular categories include cash/gifts (38%) and paid
time off (30%).…
7. Consider Whether You Will Offer On-Site Vaccinations
• Some larger employers may be in a position to establish an on-site vaccination center, permitting healthcare
personnel on your property to administer the vaccine to your workers and perhaps members of the local
community.…

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8. Plan for Post-Vaccination Issues
• The [data] indicates that it is not uncommon for COVID-19 vaccine recipients to experience side effects, such as
pain at the injection site, fatigue, headache, and chills, most often within 24 hours of receiving the second dose
of the vaccine. You should proactively consider how to handle issues that arise as a result.…
9. Don’t Ease Up on Workplace Safety Measures
• According to the CDC, not enough information is currently available to say if or when it will stop recommending
that people wear masks and avoid close contact with others once COVID-19 vaccinations become widespread.
Thus, even after your workers receive their full vaccine doses, you should continue to require them to adhere to
common CDC recommendations until experts better understand the real-world protection that COVID-19 vaccines
provide.…
10.Stay Updated on Vaccine Developments and Trends
• Because of the rapidly changing landscape of the pandemic and vaccines, it is important to continue closely
monitoring the evolving developments and trends..…

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How Ascentis HR and Talent Management Can Help
Ascentis allows you to focus on the bigger picture with integrated
HR and Talent Management software. We provide real-time data,
software configuration to meet your needs, and the ability to track
employee records through the entire employee life cycle.
• Access all your employee-related information in one centralized
portal
• Ascentis HR provides over 300 on-demand reports, point-in-time
reports and configurable fields
• Fine tune employee performance on-demand with real-time
performance management software, visible on mobile
• Learning management resources that are web-based, instructor-
led, on the job and online.
Recruiting &
Onboarding
Talent
Management
HR &
Benefits
Payroll
Time &
Attendance
Ascentis

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Questions?

51
Contact Us
bob.greene@ascentis.com
info@ascentis.com
www.ascentis.com
800.229.2713

Appendix A: Key Employer COVID Resources
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Essential Employer Research Resources - Federal
See: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-
rehabilitation-act-and-other-eeo-laws
See: https://www.eeoc.gov/laws/guidance/pandemic-preparedness-workplace-and-
americans-disabilities-act#34

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Essential Employer Research Resources – Multi-State
See: https://www.littler.com/publication-press/publication/bouncing-
back-and-forth-statewide-reopening-and-mitigation-steps
See: https://www.littler.com/publication-press/publication/wont-
hurt-bit-employee-temperature-and-health-screenings-list

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Essential Employer Research Resources – Travel Restrictions
See: https://ballotpedia.org/Travel_restrictions_issued_by_states_in_response_to_the_coronavirus_(COVID-19)_pandemic,_2020

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Appendix B: Vaccine Policy Resources
Resources:
1. “Employers: Thinking About Mandating the COVID Vaccination? Consider These Risks,
Risk & Insurance”, https://riskandinsurance.com/employers-thinking-about-mandating-the-
covid-vaccination-consider-these-risks/?rid=19593
2. “Promoting Vaccination in the Workplace”, United States Centers for Disease Control,
https://www.cdc.gov/flu/business/promoting-vaccines-workplace.htm
3. “What is an employer’s role in addressing vaccine hesitancy and accelerating the path back
to the new normal?”, E&Y, https://www.ey.com/en_us/covid-19/what-is-an-employers-role-in-
addressing-vaccine-hesitancy-and-accelerating-the-path-back-to-the-new-normal
4. “Free Shots, Cash Bonus, Firing. Employers Weigh How to Get Employees Vaccinated”,
Insurance Journal, https://www.insurancejournal.com/news/national/2020/12/11/593667.htm
5. “No. 1 way to encourage workers to get COVID-19 vaccine? Education”, Human Resource
Executive, https://hrexecutive.com/no-1-way-to-encourage-workers-to-get-covid-19-vaccine-
education/
6. “These Companies Are Paying Workers to Get Vaccinated”, Forbes,
https://www.forbes.com/sites/rachelsandler/2021/01/14/these-companies-are-paying-
workers-to-get-vaccinated/?sh=1492cb4f4f23
7. “Covid Vaccination Incentives: The Risks and Rewards for Employers”, Forbes,
https://www.forbes.com/sites/edwardsegal/2021/01/16/covid-vaccination-incentives-the-
risks-and-rewards-for-employers/?sh=763a1be92d5b
8. “These Companies Are Paying Employees to Get Vaccinated”, AARP online,
https://www.aarp.org/work/working-at-50-plus/info-2021/companies-paying-employees-
covid-vaccine.html

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Resources (continued):
9. “Target joins growing number of employers incentivizing COVID-19 vaccines”, Human
Resource Executive, https://hrexecutive.com/target-joins-growing-number-of-employers-
incentivizing-covid-19-vaccines/?eml=20210212&oly_enc_id=6466I3002834D1Z
10. “What Many Employers Want to Make COVID-19 Vaccines Mandatory”, Healthline,
https://www.healthline.com/health-news/why-many-employers-want-to-make-covid-19-
vaccines-mandatory
11. “COVID-19 Vaccinations: Should You Require Employees to Take Them?”, The Law Firm of
Baker Donelson, https://www.bakerdonelson.com/covid-19-vaccinations-should-you-
require-employees-to-take-them
12. “Should Employers Incentivize Workers to Get Vaccinated?”, Mercer,
https://www.mercer.us/our-thinking/healthcare/should-employers-incentivize-workers-to-
get-vaccinated.html
13. “Vaccination as a Condition of Employment: Evaluating Legal Risks of Mandatory Vaccine
Policies During the Pandemic”, The Law Firm of Nelson Mullins,
https://www.nelsonmullins.com/idea_exchange/blogs/the-hr-minute/employee-
benefits/vaccination-as-a-condition-of-employment-evaluating-legal-risks-of-mandatory-
vaccine-policies-during-the-pandemic
14. “The Vaccines are Coming: Should Employers Mandate?”, The National Law Review,
https://www.natlawreview.com/article/vaccines-are-coming-should-employers-mandate

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Resources (continued):
15. “Employers' Next COVID-19 Conundrum: To Mandate Vaccination, or Not to Mandate
Vaccination?”, The Law Firm of Katten Munchin Rosenman LLP,
https://www.jdsupra.com/legalnews/employers-next-covid-19-conundrum-to-2051665/
16. “United Airlines CEO wants to make Covid vaccines mandatory for employees — and
encourages other companies to do the same,”
https://www.cnbc.com/2021/01/22/united-airlines-ceo-wants-to-make-covid-vaccines-
mandatory-for-its-employees.html
17. “Mandatory COVID Vaccines? Employers Consider Their Options,”
https://cheddar.com/media/mandatory-covid-vaccines-employers-consider-options
18. “More companies offering incentives for workers who get Covid vaccine,”
https://www.bizjournals.com/bizwomen/news/latest-news/2021/02/workers-incentives-
covid-vaccine.html?page=all
19. “Why many employers are turning to incentives to boost vaccination rates,” by
Kathryn Mayer, https://hrexecutive.com/why-many-employers-are-turning-to-
incentives-to-boost-vaccination-rates/?eml=20210219&oly_enc_id=6466I3002834D1Z

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