Can Employers Re-Instate Mask Mandates?

Employment expert addresses whether employees should be required to mask up again

COVID-19 MaskWith the Delta variant complicating our recovery from the COVID-19 pandemic, many local officials are starting to reinstate their mask mandates. However, this poses a tricky issue for employers, particularly those who encouraged vaccines among their employees with their promise that vaccinated staff could drop their masks at work.

“Many employers tried to encourage vaccine compliance among their workers by saying that vaccinated workers would be able to go mask-free,” says Rob Wilson, President of Employco USA, a national employment solutions firm. “But, now, we’re looking at new mask requirements across the country in which Americans are being asked to mask up once more. So can employers go back on their original agreement and tell everyone, even vaccinated employees, to put their masks on again?”

Wilson says to expect pushback from vaccinated employees who have been enjoying going mask-free. Many workers will say that if masks are back on the table, they want to work remotely again. He points to a recently circulated internal email from Apple workers in which they asked for flexible hybrid schedules and the ability to stay remote indefinitely.

“You’re going to have employees who say if they have to mask back up again, they want the option to work remotely,” says Wilson. “The thinking will be: If the Delta variant is so serious that even vaccinated workers have to mask up again, then it should be serious enough that we get to work from home again.”

The employment expert says that the best approach is to follow local ordinances, but if you want to require masks for workers once again, even when they’re not mandated in your county, to tread cautiously.

“Don’t use alarmist language or make workers feel like you’re saying the workplace isn’t safe,” says Wilson. “Instead, frame it as you’re trying to keep your staff and community as safe as possible. Invest in air purifiers and hand sanitation stations if you haven’t already. Create mask-break zones and times where employees can step outside for fresh air and have regular breaks from wearing their masks.”

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.