Over the past year, it has become increasingly common for employers in Massachusetts to establish and enforce mandatory COVID-19 vaccination policies. Such policies are legal and appropriate in Massachusetts. Unless required by law (see below), implementation of mandatory vaccination policies is at the discretion of the employer. Other than strict mandatory vaccination requirements for all employees, options include an alternative to vaccination in the form of regular testing, masking and social distancing requirements. Also, depending on such considerations as the nature of your business, the various duties and conditions of employment of your workforce, whether your employees are on site or remote, and whether they interact with the public, it may be reasonable to establish and enforce different policies for different groups of employees. It is recommended that employers carefully consider what makes sense for their needs and the needs of their employees.

Currently, the Commonwealth of Massachusetts requires mandatory COVID19 vaccination for certain employees working in skilled nursing facilities, longterm care facilities, nursing homes, rest homes, assisted living residences, and hospice programs, as well as certain home care workers, as well as for certain government employees.