FLSA May Require Pay for Time Employees Spend Getting Vaccinated

If an employer requires that its employees receive the coronavirus vaccine, then the time spent by employees obtaining the vaccine is most likely compensable under the Illinois Minimum Wage Law and the Fair Labor Standards Act, according to a recent decision of the Illinois Department of Labor. The agency also said in its guidance that employers should allow employees to use sick leave to take a qualifying family member to receive the COVID-19 vaccine.

Most employment attorneys are of the opinion that the federal FLSA statute also likely requires employers to pay workers for time spent receiving the vaccine, if the employer requires vaccination. However, the Department of Labor has not yet issued formal guidance on this issue.