Today, some employers can know about the health of employees
As Deutsche Welle notes, during the pandemic many in Germany continue to work remotely, but office spaces and production halls are not empty. And with the coronavirus vaccination campaign, companies are hoping for more or less normal working days. To do this, employers need to know how many vaccinated people are in their team. And here lies the catch.
Health status – hidden information
Health-related questions belong to the personal sphere, and employers in Germany have significantly limited access to it. Germans take the protection of personal data seriously. Therefore, employers are entitled to receive, process, and store such information about employees only if it is necessary for the implementation of employment relations. When hiring, an employee is obliged to provide their residential address, contact details, bank details, and the name of the insurance company. Of course, the employer also needs to know about their education and professional experience.
During an interview, a candidate may also be asked about specific health problems, but only if they make it impossible to perform the activities related to the position. Roughly speaking, an employee of a chemical laboratory may be asked about allergies to certain substances. The same applies to people with physical or mental health conditions. General questions that are not directly related to the vacancy can be ignored.
And after employment, in the event of illness, an employee is not obliged to inform their boss about its causes – on the sick leave certificate, on a separate page for the employer, this information is absent. However, to improve working conditions, an employee has the opportunity to confidentially discuss their diagnoses with the company doctor, so that they can formulate their recommendations, for example, on workplace arrangement – in a neutral form, without specifying the reasons.
Only in the case of an infection that may be dangerous to others in the workforce must the boss be notified – as in the case of coronavirus. If an employee cannot notify the boss and the team themselves, the epidemiological service will do it for them.
Vaccination data – a controversial issue
Information about vaccinations was previously also prohibited for German employers. Only hospitals and private medical practices had special rules: there, management previously had the right to request information from staff about the presence of antibodies to a particular pathogen. But against the backdrop of the spread of the Delta variant of the coronavirus in early September, the government coalition in Germany agreed to expand the list of information provided to employers.
In the future, employees will have to notify employers about their vaccination status or the presence of natural immunity after COVID-19 if they work in institutions where many people at risk of the disease are simultaneously present – in nursing homes, kindergartens, schools.
The corresponding changes have already been approved by the Bundestag and should soon be incorporated into the Epidemiological Protection Act. The new rules will remain in effect as long as Germany maintains the national epidemic situation declared in March 2020.
The issue of informing the employer about vaccination status has turned into a political discussion. Health Minister Jens Spahn is confident that the new rules will make work processes safer. He would even be in favor of broader application of the innovations without being tied to specific sectors and would introduce an obligation to inform about vaccination, for example, in shared offices. On Spahn's side are organizations advocating for patient interests and German business associations.
But the German Minister of Labor and trade unions are against it. Their argument: if you allow this once, it could spill over into other areas. "And suddenly they will want to know not only about your vaccination but also about other diseases, and whether you regularly go for preventive check-ups," shares her concerns in an interview with the media company ARD Maike Finnern, head of the Education and Science Workers' Union (GEW).
In Germany, there is no general mandatory vaccination; vaccination is voluntary. An employer cannot force it, but they are obliged to ensure protection against infection in their organization. And they are free to decide how to deal with those who flatly refuse to be vaccinated. For example, an unvaccinated specialist may be kept away from seriously ill patients, transferred to a department with less contact with employees and clients, or required to take antibody tests more frequently. In this regard, employees fear social pressure.
No vaccination – no job?
And how do other countries solve this problem? In neighboring Denmark, it is difficult for an employer to obtain data on whether an employee has a vaccination or immunity. The relevant law allows rare exceptions. In France, since the beginning of autumn, unvaccinated medical staff have been sent on unpaid leave. And in the sectors of gastronomy, hospitality, entertainment services, and public transport, employers must already check employees' special QR codes, which are issued in case of vaccination, a negative SARS-CoV-2 test result, or the presence of antibodies after illness.
In Spain and the United Kingdom, companies have the right to ask employees about their vaccination status. In addition, in the UK, from November, only vaccinated people will be able to work in nursing homes. Mandatory coronavirus vaccination for all healthcare workers has also been introduced in Italy.
In the US, an employer can mandate vaccination for employees, which has been used by giants like Google, Facebook, and McDonald's. In some states, mandatory vaccination is in effect for certain professional groups, for example, in California for teachers.
Current measures to protect employees
Although some in Germany advocate for mandatory universal vaccination, it is not yet being introduced. To protect employees working in offices and at enterprises, employers, in addition to hygiene measures, are obliged to provide free rapid testing at least twice a week. Free medical masks are also provided. The occupational safety regulation (Arbeitsschutzverordnung), updated due to the pandemic, also mandates a reduction of contacts within the team.
Furthermore, companies are required to inform staff about vaccination opportunities and grant them time off to get vaccinated. These are requirements for employers throughout Germany. And in some federal states, additional rules apply. For example, in North Rhine-Westphalia and Saxony, employees returning to work from vacation after at least a five-day break must present a negative coronavirus test result or proof of vaccination.