Employers advised not to make Covid-19 jab a must

It can be a requirement in higher-risk settings, but those who decline should not be penalised

Employers should not make Covid-19 vaccination mandatory for staff or penalise those who decline to get vaccinated.

They can, however, make vaccination a requirement for employees working in higher-risk settings.

Employers may impose this vaccination requirement at the point of recruitment for new hires who have to work in settings with a higher risk of Covid-19 infection. However, they cannot fire staff who decline vaccination, though they can deploy them elsewhere or have a differentiated leave policy for them.

These guidelines were outlined in an advisory issued by the Ministry of Manpower (MOM), National Trades Union Congress (NTUC) and Singapore National Employers Federation (SNEF) yesterday, as Singapore looks to accelerate its vaccination drive.

The Republic is targeting ha-ving two-thirds of its population fully vaccinated by National Day on Aug 9.

While employers should not make Covid-19 vaccination compulsory, they should strongly encourage and facilitate medically eligible staff to get inoculated, the advisory said.

They may also ask their workers for their vaccination status for business purposes such as business continuity planning, but staff who decline vaccination should not be penalised, the advisory said.

MOM, NTUC and SNEF stressed that employers should also never terminate or threaten to terminate an employee's service on the basis of declining vaccination.

Senior Minister of State for Manpower Koh Poh Koon said in a Facebook post that the ministry will investigate such incidents if reported.

However, employers may require vaccination as a company policy in higher-risk employ-ment settings, where staff have a higher chance of exposure to Covid-19, live in a communal environment or operate in a place which does not allow for safe management measures to be effective or carried out.

This includes workers who live in dormitories, those who are in regular contact with Covid-19 patients, air crew, and those in the construction, marine and process sectors.

A useful way to assess a higher-risk setting is whether the worker is required to undergo rostered routine testing, mandated fast and easy testing, or is in regular contact with known Covid-19 cases, the advisory said.

Staff working in higher-risk settings who decline to get vaccinated can be deployed to other suitable jobs that carry a lower risk of Covid-19 infection, it added.

Dr Koh pointed out that there may also be workers in high-risk job roles who may be medically unsuitable for vaccination.

"Employers should exempt them from the company policy for vaccination but may still want to discuss with these workers suitable alternatives to minimise their risk of Covid-19 infections," he added.

However, if workers who decline vaccination rack up costs related to Covid-19 - such as testing or stay-home notice (SHN) accommodation expenses - the employers can recover the extra amount spent on them.

Staff who decline to get vaccinated may also face a differentiated leave policy, compared with their vaccinated colleagues. For example, they may be put on no-pay leave for the duration of any SHN they may have to serve.

Employers who make Covid-19 vaccination a requirement should also provide affected employees with additional paid sick leave to support their recovery from any immediate medical complications arising from vaccination.

They should also exempt staff who are deemed unsuitable for vaccination or not yet scheduled for their jabs from the vaccination requirement in higher-risk settings, the advisory said.

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A version of this article appeared in the print edition of The Straits Times on July 03, 2021, with the headline Employers advised not to make Covid-19 jab a must. Subscribe