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Is there a medical exemption to vaccine work requirements?
Yes, San Francisco’s health order allows limited exemptions for employees with qualifying medical reasons that prevent them from receiving a COVID-19 vaccine. Workers seeking a medical exemption must provide their employer with appropriate documentation, including a signed statement from a doctor, nurse practitioner or other licensed medical professionals.
There are limited medical reasons that qualify for an exemption from the workplace vaccination requirement. The health condition or disability should be recognized by the Federal Drug Administration or Centers for Disease Control and Prevention. As an example, one of the recognized conditions includes a documented history of severe allergic reaction to an ingredient present in all the COVID-19 vaccines offered in the United States.
If an employee qualifies for a medical exemption, their employer must discuss whether reasonable accommodations can be made. The employer, however, is not required to grant accommodations if doing so would be too costly, make the workplace unsafe or cause other forms of undue hardship to the business. Employers should consider accommodation requests individually rather than having blanket workplace policies.
Unvaccinated workers in high-risk environments such as hospitals or nursing homes must wear a well-fitted mask. They are also required to take COVID-19 tests at least once a week.
Other Disability & Medical Leave FAQs:
- Am I entitled to leave for a serious family matter?
- Can My Employer Fire Me for Requesting Medical Leave under FMLA or CFRA?
- Do I qualify for a medical leave from work under FMLA or CFRA?
- I was recently injured and need to request an accommodation. Can my employer fire me if I make the request?
- In California, can my employer fire me because of my disability?
- Is my boss allowed to fire me while I am on leave?
- Is my employer required to accommodate my disability?
- Is there a medical exemption to vaccine work requirements?
- Is there a religious exemption to vaccine work requirements?
- My employer denied me the reasonable accommodation I requested due to “undue hardship.” What is undue hardship?
- What counts as a reasonable accommodation?
- What disabilities and conditions are protected?
- What disabilities are covered under California employment discrimination laws?
- What is a “reasonable accommodation” for disability under California employment law?
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Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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