From the Jerusalem Post:

Is an employer allowed to require that a worker get the coronavirus vaccine, or even ask about it?While many questions have not yet been decided conclusively in the courts, the Manufacturer’s Association provided legal opinions for a number of common questions, with the help of Adv. Orly Aviram and Adv. Nachum Feinberg, labor law experts and partners at the Feinberg & Co. law office.

Can I ask an employee whether he has been vaccinated or intends to be vaccinated, and what happens if the employee refuses to reply?Yes. The purpose of asking is to prevent the risk of infecting others, and is relevant to making work decisions like whether the employee should work from home or the office, dividing up work capsules, organizing meetings or training sessions, and more.The answer is also relevant for the employer, as he would be the one who pays in the case of quarantine, as the current protocol says that a vaccinated worker would not have to go into quarantine in the case of contact with a confirmed patient.

While requiring medical information from an employee may constitute an invasion of privacy and confidentiality in light of the Privacy Laws and Basic Law, as long as the information is relevant to the worker’s position, the employee has a duty of disclosure by virtue of the duty of good faith in an employment relationship.If an employee refuses to respond, it is possible that he is violating the duty of good faith on his part. However, the most practical advice in this case would be to assume that the employee has not received the vaccine. CLICK on here to read more questions and answers.

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