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COVID-19: Frequently Asked Questions

Below are some of the most frequently asked questions CMA has received during the COVID-19 outbreak. By default, the most recent answers will appear up top. You can also filter the FAQ by category. We will update this resource regularly.

More questions? Email communications@cmadocs.org.


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Archive by category: Labor and PersonnelReturn
To date, there are no current federal or state laws or regulations mandating that health care workers receive the COVID-19 vaccine.CMA will continue to monitor for any legislative or regulatory developments in this area, and provide guidance as necessary. For more information on state laws regarding vaccine requirements for health care workers, see CMA Health Law Library document #3211.
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| Categories: Labor and Personnel, Vaccine
Although pregnancy itself is not a disability under the ADA, the EEOC further advises employers to be mindful that certain pregnancy-related medical conditions can constitute a disability under the ADA, thus requiring reasonable accommodation and the direct-threat analysis outlined above. Furthermore, the Pregnancy Discrimination Act "specifically requires that women affected by pregnancy, childbirth, and related medical conditions be treated the same as others who are similar in their abil...
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| Categories: Labor and Personnel, Vaccine
According to the EEOC, if an employee objects to receiving the vaccine because of their sincerely held religious beliefs, the employer must provide a reasonable accommodation unless those accommodations would pose an undue hardship under Title VII of the Civil Rights Act. A reasonable accommodation generally includes any "modification or adjustment to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable[s] an ...
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| Categories: Labor and Personnel, Vaccine
Yes. The EEOC guidance states that "simply requesting proof of receipt of a COVID-19 vaccination is not likely to elicit information about a disability and, therefore, is not a disability-related inquiry." However, the EEOC further warns that additional questions, such as why an employee did not receive the vaccine, may constitute a "medical inquiry" under the ADA, and would therefore only be permissible if such an inquiry was "job-related and consistent with business ne...
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| Categories: Labor and Personnel, Vaccine
The ADA allows an employer to have a qualification standard, such as a vaccine requirement, that includes “a requirement that an individual shall not pose a direct threat to the health or safety of individuals in the workplace.”  However, if a safety-based qualification standard, such as a vaccination requirement, disqualifies or tends to disqualify an individual with a disability, the employer must show that an unvaccinated employee would pose a direct threat due to a “si...
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| Categories: Labor and Personnel, Vaccine
The EEOC recently issue COVID-19 vaccine guidance for employers that provides some clarity on workplace requirements about the COVID-19 vaccine. Although the EEOC guidance does not explicitly state that employer-mandated COVID-19 vaccine policies are lawful, the guidance is predicated on a scenario in which an employer has adopted such a policy and focuses on how an employer should respond to an employee who is unable or unwilling to be vaccinated. Thus, the EEOC guidance strongly implies that t...
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| Categories: Labor and Personnel, Vaccine
Enrollment in the new California COVID-19 Vaccination Program is currently limited. However, when enrollment is expanded, the following requirements will apply:While there is no blanket exemption for physicians under the emergency standards, the standards do not apply to employers and employees who are covered by the Aerosol Transmissible Disease (ATD) regulation, California Code of Regulations, title 8, section 5199. The ATD standards, in turn, apply to employees at many different types of heal...
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| Categories: Labor and Personnel
The California Occupational Safety and Health Standards Board unanimously adopted emergency temporary standards on COVID-19 prevention in the workplace. The standards became binding and enforceable on November 30, 2020. The emergency standards require employers to develop and implement a written COVID-19 Prevention Program (CPP), which is modeled on the existing Cal/OSHA Injury and Illness Prevention Plan (IIPP) that all California employers are required to maintain.
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| Categories: Labor and Personnel
Employees with a qualifying childcare need have a right to take emergency sick leave or emergency family and medical leave under the Families First Coronavirus Recovery Act (FFCRA). Recent guidance from the U.S. Department of Labor clarified that a school is considered “closed” for purposes of FFCRA eligibility even if the student still receives some or all instruction in a virtual format. Thus, employees may have a right to take leave to care for their children if they are attending...
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| Categories: Labor and Personnel
Yes. The California Department of Labor has indicated that an employee may be eligible for Workers’ Compensation If they are unable to do their usual job because they were exposed to and contracted COVID-19 during the regular course of their work. Workers’ Compensation law would allow an employee access to medical treatment as well as wage replacementOn May 6, 2020, Governor Newsom issued Executive Order N-62-20 to clarify the avaibility of workers' compensation benefits for COVI...
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| Categories: Labor and Personnel
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Your use of the CMA website, including information provided on the COVID 19 Resource Page is governed by the Terms of Use and Privacy Policy linked below.  All CMA Content, including COVID 19 related content, is provided for informational purposes only and is not intended as medical or legal advice, or as a substitute for the medical advice of a physician or the legal advice of an attorney. Physicians should contact their professional liability and other insurers and an attorney for specific advice.

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