In the RAQ you provided an answer about vaccine requirements for new hires. What about performers or presenters we hire to come into the library, especially to work with children? Are we allowed to ask/require proof of vaccination status before signing a contract?
Can we require new hires at the library to be vaccinated, and if so, how should we word this on the job application, and how are we allowed to ask for proof of vaccination? What if the new hire is not vaccinated because of religious reasons. If the library requires those who are not vaccinated to get COVID tested weekly, does the library have to pay for those tests?
Underlying all these highly specific questions is one Big Question: Can employers require vaccination?
Now that Open Meetings Law modifications have been lifted, are we still required to maintain physical distancing for board meetings? We have a fifteen member board which makes it difficult to spread our trustees out. I understand that we can ask trustees whether they have been vaccinated: If all are vaccinated, do we have to maintain physical distancing?
We are preparing to go to the "masks recommended" phase. Staff would still be required to wear masks in public portions of the building, but not in their non-shared offices. However, for those in shared offices, how do we handle the vaccinated/not vaccinated issue? Do we go with the honor system and tell those in shared offices that if they are vaccinated, they may go maskless?
[DISCLAIMER: This answer presumes there is no collective bargaining agreement or landlord/municipal host terms that impact the library's flexibility while revising their Safety Plan.]
Okay, with that disclaimer out of the way, here are my "short answers" to these excellent questions:
We are a large (100-employee) school district public library. We are currently encouraging and educating employees on getting vaccinated, but not (yet) *requiring* vaccinations.
Over and over again, I am floored by the care, tenacity, and creativity of the libraries determined to provide services in a time of pandemic. New York's libraries just don't give up. This question shows the mechanics of that fighting spirit.
Are public or private libraries obligated to give paid time off for eligible employees to get the vaccine during work time? A staffer is planning to go upstate for it on a work day and the question came up if they have to use sick time or just "get the day" to take care of this. Thank you!
Non-governmental employers
Recent changes to the Labor Law make the "private" part of this question easy to answer: since all employers must now offer all employees sick leave (unpaid if the employer has under four employees, paid if five or more), an employee may use that sick leave for the purpose of obtaining medical care, including to get vaccinated.
The governor announced that the vaccine rollout to public employees would be through our unions and health groups, but also said that WE need to prioritize who receives the vaccine first (based upon risk factors/comorbidities) since the supply is limited (as the governor mentioned in Friday's press conference) --it will probably take a few months to vaccinate every staff member who wants on
The member's caution shows how important it is to get this one right.
Before delving into it, I want to say: for public libraries with a union, this is one to confer with union leadership on.
For public libraries without a union, it will be good to think about not only your internal prioritization, but the messaging around it.
Can a public library compel staff members to get vaccinations for COVID-19, when they are available? If so, can an employee request an exemption? Do we need waivers of library liability if a staff member chooses not to get vaccinated?
This is an incredibly sensitive, important, and complex set of questions. I know a lot of people out there in "library land" are waiting on the answer—from many different perspectives.
So we're going to take it slow, break it down, and unpack the components of the answers one step at a time.
