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Can employees be required to get the COVID-19 vaccine in Idaho?

With three of the Treasure Valley's healthcare providers now requiring staff and employees to be vaccinated against the coronavirus, many are wondering if its legal.

BOISE, Idaho — On Thursday, three of Idaho's biggest healthcare providers announced that they were going to begin requiring their employees to be vaccinated against the coronavirus.

Some claimed on social media that vaccine requirements for workers are illegal. However, in Idaho, they aren't.

In December, KTVB spoke with Dan Williams, a local lawyer who specializes in employment law, and he said a business can almost always require vaccinations for employees.

"Now, let's be clear what we're talking about, your boss can't hold you down while somebody shoots you with a vaccine, but as a condition of continued employment, employers can require vaccinations of their employees to maintain a safe workplace for themselves and for the public," Williams explained.

No law, on the state or federal level, can prevent companies from asking their employees to provide proof of vaccination. Asking for vaccination records isn't a violation of HIPPA either, since that only covers what a provider can share with others.

Employees may file for an exemption based on religious or medical conditions and are entitled to an accommodation, but only one that doesn't put any undue hardship on the employer.

However, in April, Idaho Governor Brad Little issued an executive order that would prevent local and state government entities from requiring "vaccine passports." The order would prevent agencies like the Department of Motor Vehicles from forcing people to get vaccinated in order to renew their driver's license.

Idaho is an "employment at will" state, meaning that the employee/employer relationship can be terminated at any time, for any reason, unless there's already a law in place to prevent that from happening.

At KTVB, we’re focusing our news coverage on the facts and not the fear around the virus. To see our full coverage, visit our coronavirus section, here: www.ktvb.com/coronavirus.

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