CNMI employers, including the government, may require getting a Covid-19 vaccine as a condition of employment, according to the information provided by the Micronesian Legal Services Corporation in a Facebook post on Tuesday.
Generally, MLSC stated, a CNMI employer may require a vaccine as a condition of work. “But there are conditions and qualifications. Employers have an obligation to maintain a safe workplace. They may require vaccinations as part of their precautionary measures if reasonably related to their obligation.”
If the employer is the government, there may be protections through the civil service system, MLSC added.
However, the “exact bounds of Covid-19 vaccination related to an employer’s legitimate concern are not clear,” MLSC said.
“For those workers in the top tier of the [Centers for Disease Control and Prevention or] CDC recommendation to get the vaccine, it is likely the employer has a legitimate concern. For those engaged in telework or other work environments with little to no interpersonal contact, it is less likely the employer has a legitimate concern.”
As for exceptions to an employer rule for mandatory vaccination, MLSC said employers “must have policies that recognize religious beliefs and do not discriminate on the basis of disability.”
In answer to the question, “Will my religious objection to vaccination allow me to keep working for my employer if it has a mandatory vaccination policy?” MLSC said, “Maybe.”
“The employer must recognize your sincerely held religious belief. It must offer an accommodation, provided that the accommodation does not result in undue hardship to the employer. This is a low bar at present, having been interpreted to mean the employer must have more than a ‘de minimis’ expense for the accommodation. However, if the employer’s accommodation results in costs to it that are significant, the employer can decide not to accommodate your religious belief and terminate you.”
As for disabilities allowing for the refusal of the Covid-19 vaccination, MLSC said this is not a settled question.
“Ask your doctor what effect the vaccination is likely to have on you. You are not required to disclose your medical information to your employer when you ask for an accommodation based on disability. Your employer is required to give you an accommodation on account of disability if there is a reasonable accommodation available. If there is none, however, the employer may exclude the employee from the workplace.”
No employer can force you to get a vaccine, MLSC said.
“However, employers can condition continued work on proof you have received the vaccine,” MLSC added.
“If the employer has followed the law and your contract of employment in creating the requirement, and it is reasonable under the circumstances, and you do not qualify for an accommodation or there is no reasonable accommodation available, then probably yes, you can be fired for not getting a vaccine.”
If you are a public employee working for the government, there may be additional protections from permanent loss of your job, MLSC said.
“The governor’s emergency powers extend during the emergency. Whether you could be terminated for insubordination during an emergency rather than given leave without pay until the emergency has passed for failure to comply with an emergency regulation is unclear from existing regulations.”
If you get sick from the vaccine, MLSC said, “Your remedies…are through the Workers’ Compensation system. You also have any claim that may exist under product liability law against the manufacturer.”
The Covid-19 vaccines are U.S. Food and Drug Administration approved under emergency use authorization.
“While this process is not the full procedure used for ordinary drugs and substances requiring FDA approval, it is a multi-step process, requiring testing and other rigorous scientific analysis, and subject to review before the approval.”
If terminated from job for refusing to get the Covid-19 vaccine, MLSC said one must get legal advice.
“If you are a civil service employee, it may be necessary to use the remedies of the civil service, and there are time deadlines involved. You may need to exhaust administrative remedies (civil service procedures) before filing in court.”
MLSC is a non-profit corporation that provides low-income persons in the Micronesian region with free legal assistance in civil matters. Its directing attorney is Jane Mack.
