As the first doses of the COVID-19 vaccine are distributed to health care workers, many employers are grappling with whether to require their employees to receive the vaccine. Before reaching a conclusion, however, employers should consider the legal concerns associated with requiring the vaccine. While it may be months before employers are required to make this decision, it is important to start thinking about the ramifications.

As a general principle, Florida law permits mandatory vaccination by the government during a public health emergency. See Fla. Stat. Section 381.00315(1)(c)(4). Additionally, Florida courts have recognized that the “state interest in preventing the wide-spread danger to public health is great” in the context of compulsory medical vaccination. See Public Health Trust of Dade County v. Wons, 541 So. 2d 96, 101 (Fla. 1989).

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