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 1. Legal resources
 2. 
 3. Family and personal
 4. 
 5. Health and medical
 6. 
 7. Can I Require Vaccinations for Guests Entering My Home?


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CAN I REQUIRE VACCINATIONS FOR GUESTS ENTERING MY HOME?

2 min read





KEEPING COVID-19 OUT OF YOUR HOME IS IMPORTANT. LEARN HOW TO MAKE SURE EVERYONE
WHO ENTERS YOUR HOME IS VACCINATED.

What you'll learn:
 1. Is it legal to require workers coming into my home to be vaccinated?
 2. Can I require visitors to wear masks and show proof of vaccination before
    entering my property?
 3. Is it legal to offer gifts to friends, family, neighbors, or workers to get
    vaccinated?
 4. Who has a right to ask about vaccination?

The COVID-19 pandemic has been scary, if not devastating, for a lot of people.
From shelter in place orders to the mask and vaccine mandates, what it takes to
feel safe varies from person to person. This can sometimes lead to questions and
concerns about having family, friends, or workers in your home or on your
property, including questions and concerns about vaccination status. Below, you
can find answers to common questions about what individuals can do to protect
themselves from COVID-19 exposure in their own homes.


START YOUR PROOF OF VACCINATION FORM

Allow for easy verification of vaccination against a variety of infectious
diseases, including COVID-19.

Get started


IS IT LEGAL TO REQUIRE WORKERS COMING INTO MY HOME TO BE VACCINATED?

Yes. When you hire a worker to come into your home, whether a babysitter,
plumber, or nurse, you enter into a Service Contract. You have the legal right
to negotiate and determine the terms of that contract before you agree. That can
include requiring vaccinations against COVID-19 and wearing a mask while inside
or when distancing is not possible. The simplest way to ensure workers are
vaccinated before they enter your home is to refuse to hire them unless they
agree to provide Proof of Vaccination. 

If you have already hired a contractor and did not discuss vaccination status as
a term of the contract, you may be able to modify or terminate the contract and
refuse to allow the worker to enter your home unless they are vaccinated. The
contract may have specific provisions that allow it to be cancelled, however, in
this situation, you may want to ask a lawyer to help you negotiate, particularly
if the work has already begun. If work has begun, or the worker has incurred
costs, you may be legally responsible for paying for what has already been done
or the loss of opportunity to take on other work.


CAN I REQUIRE VISITORS TO WEAR MASKS AND SHOW PROOF OF VACCINATION BEFORE
ENTERING MY PROPERTY?

Yes. As either owner or tenant of a property, you have the right to refuse entry
to almost any individual. You may also require individuals to wear masks and
show Proof of Vaccination. This is true regardless of the nature of the
occasion, such as a family event or social gathering, or its size, be it large
or small.

A person who enters your property without your permission, or who remains on
your property after told to leave, is trespassing. You may call local law
enforcement to remove the person from your property. You may have legal options,
particularly if the trespass results in a household member contracting COVID-19.
A Rocket Lawyer On Call® attorney can help you evaluate the options in your
state.

If you are hosting an event that is not on your property, the property owner has
the same right to exclude unvaccinated individuals from their property as you do
on yours. Before signing an agreement, speak to the owner or manager of the
event space about their policies regarding vaccination status, masks, and Proof
of Vaccination, including how those policies will be enforced during your event.
You may also check your local laws: Many states and cities have renewed mask
mandates in light of the Delta variant.


IS IT LEGAL TO OFFER GIFTS TO FRIENDS, FAMILY, NEIGHBORS, OR WORKERS TO GET
VACCINATED?

Yes. As noted above, you have the right to enter into an agreement with any
individual for almost any reason. This includes offering gifts or cash to the
people around you in exchange for their vaccinatIon against COVID-19. 

Some cities and states do this to boost vaccination rates. New York held a
lottery in June 2021 in which teenagers who agreed to be vaccinated had a chance
to win one of five full-ride college scholarships. Other states, cities, and
even private businesses, have offered gift cards or other small incentives.


WHO HAS A RIGHT TO ASK ABOUT VACCINATION?

Any private individual has the right to ask about vaccination status, or for
Proof of Vaccination, as a condition to enter their home. Individuals who are
asked have the corresponding right to decide whether to disclose their
vaccination status or choose not to enter that home. 

The privacy provisions of the Health Insurance Portability and Accountability
Act, known as HIPAA, do not apply to a person’s own disclosure of vaccination
status. Questions about vaccination status might be considered nosy by some, but
they are not illegal, and for most people, these questions provide peace of mind
during these uncertain times.


Have more questions about COVID-19 and your rights? Reach out to a Rocket Lawyer
On Call® attorney, or visit the Rocket Lawyer COVID-19 Legal Center.

This article contains general legal information and does not contain legal
advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law
firm. The law is complex and changes often. For legal advice, please ask a
lawyer.

--------------------------------------------------------------------------------


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