With the COVID vaccine now rolling out quickly across the country, companies are finally making plans to start bringing back employees in larger numbers. Will employers require workers to receive the vaccine? And can they?

Legally, they appear to be on solid ground, though there’s still ambiguity to work through. As reported in December by Christopher Ruvo of ASI Media, the Equal Employment Opportunity Commission (EEOC) reiterated that same month that companies have the legal right to require the vaccination, and can also request proof from employees. This is consistent with previous EEOC guidelines from 2009.

While there could be objections based on the fact that the vaccine was released under the FDA’s Emergency Use Authorization, and therefore there’s a lack of long-term safety data, attorneys for Washington, D.C.-based labor/employment law firm Conn Maciel Carey told Ruvo that employers will most likely be able to implement a mandatory vaccine program, as long as it doesn’t run afoul of anti-discrimination laws.

To steer clear of possible litigation, many companies have been formulating their own plans to help as many employees get vaccinated as possible, while stopping short of mandating it. Rutgers University in New Jersey made headlines last week as the first major college to require that all on-campus students returning in the fall be vaccinated before heading back, while it “strongly urged” faculty and staff to do the same.

In recent weeks, a number of major brands have announced their plans for bringing the vaccine to their teams. Amazon will offer on-site vaccinations to employees, while Apple will offer incentives, like PTO for appointments and paid sick leave for those who experience adverse side effects.

For private companies, it can be a challenge. What’s the best way to keep employees safe when not everyone can or wants to be vaccinated, for a myriad of reasons? Is firing or at least barring an employee from workplace entry if they don’t get vaccinated really the best choice of action?

Of the nearly 60 promo companies that shared their vaccination plans with ASI Media, no one said they’d be requiring it. Some were actually disturbed at the prospect of mandatory shots. “My heart goes out to any person being put in this kind of situation simply to keep their job,” says Caden Micah, principal and creative director at Branford, CT-based Brand Katalyst Creative (asi/154613). Don Kiesser, print manager and owner of Transitional Marketing (asi/346244) in Billings, MT, agrees. “We won’t be requiring it,” he says. “That’s a decision employees can make for themselves, and their job won’t be in jeopardy.”

Instead, many promo firms are strongly encouraging it and offering incentives when necessary. Kathy Walker, vice president of Walker Companies (asi/354535) in Oklahoma City, OK, says that, while the management team encourages the vaccine, they won’t require it. But those who sit out will have to assume any personal risk and will also be required to continue wearing masks and distancing to protect others during the vaccine rollout, which is fortunately gaining momentum in Oklahoma.

“If we had any compromised individuals who can’t take the vaccine, then by all means we’d assist them in staying safe,” says Walker. “But we don’t have anyone in our company who fits that description. We have 20 employees, and no one came down with COVID, even though we never closed our doors.”

Cindy Daigneault, president of A-Z Specialty Imprints in Joshua Tree, CA, will also highly encourage employees to get vaccinated. When a nearby pop-up clinic had extra doses, those employees who hadn’t yet gotten the shot quickly went out to get it while supplies lasted. “Out of 15 employees, only one hasn’t started the process yet and will soon,” says Daigneault. “We all recognize the benefit of getting the vaccine as soon as we can.”

All essential staff at On Promos Powered by Proforma (asi/491390) in Nashville agreed to be vaccinated, along with many employees working remotely; those at their home offices who decided not to get the shot will remain at home for the time being, and can only come to the office with notice. Upon arrival, they must stay masked and maintain 6 feet between themselves and everyone else. “Once the CDC indicates that masks are no longer necessary due to high enough levels of population vaccination, we’ll revisit the policies,” says co-owner Kimble Bosworth.

At Custom Prints & Promos (asi/173277) in Albuquerque, operating principal Kim McCall says he and his company are looking forward to lower COVID numbers in New Mexico so the state can continue opening up, and the vaccine is key to that effort. “We’re encouraging it because it’ll offer a safer environment for our employees and visitors,” says McCall, who adds that they’re hosting a monthly incentive raffle; employees who get vaccinated can be entered to win gift certificates, cash, paid days off and free lunches.

“We don’t want to pressure anyone,” McCall notes, “so we’re having fun with it.”

At the Abbeville, SC, facility of Pro Towels (asi/79750), which offers screen-printing and embroidery services, director of employee and customer engagement Melissa Mason organized a free on-site employee vaccination clinic on March 23. Nurses from the local Abbeville Area Medical Center, already familiar with Pro Towels because of past flu shot drives and health fair appearances, vaccinated 90% of the facility’s workers that day. The second dose will be available on-site on April 13.

Yesterday, we were able to offer a free COVID-19 vaccination clinic for all of our employees on-site at our Abbeville, South Carolina facility in hopes to help further protect everyone during this pandemic. Read more about it here: https://t.co/54icREmntB

— Pro Towels (@Pro_Towels) March 24, 2021

Although they’ll continue daily temperature checks, regular cleaning of high-touch surfaces and use of a sanitizer fogger, Mason says they’re looking forward to dropping the in-house mask mandate once people are fully vaccinated. However, anyone not vaccinated will have to keep wearing them. “They’ll be required to wear it in a screen-printing production area, which already gets hot, but soon it will be summer here,” she says. “That was enough of an incentive for a lot of people.”