California Labor &
Employment Law Blog
Collecting Employee Vaccination Status Can Create Challenges for Employers
May 20, 2021

Collecting Employee Vaccination Status Can Create Challenges for Employers

Topics: COVID-19, Workplace Privacy

While we are turning the corner on the pandemic, California employers still face challenges navigating the complex health and workplace rules pertaining to COVID-19.  Compliance issues remain for employers that are now collecting information on the vaccination status of their employees.

Storing Vaccination Status Information

Employee medical information must be stored separately.  The law is not well developed yet, but COVID-19 vaccine status information may be considered medical information by the courts.  There is currently no case law on this point.

Federal and state law require that all medical information be kept separate from the employee’s general personnel file.  That means that COVID-19 vaccine information should not be stored in the same physical or electronic file as the employee's more traditional personnel and/or payroll records.

Per the DFEH Guidance, Vaccine Status Shall Be Treated As Confidential "Medical "Information

While the current DFEH guidance recognizes that "simply asking employees or applicants for proof of vaccination is not a disability-related inquiry, religious-creed related inquiry, or a medical examination," the DFEH provides that "any record of the employee must be maintained as a confidential medical record."  Based on this, written and electronic records pertaining to employee vaccinations for California employees should be maintained as confidential, separate from an employee's personnel file.

Tips for Compliance

Employers should be aware of how their HR Department and managers are storing vaccine status information obtained from their employees and ensure they are protecting the privacy of such information.  It is a best practice to keep such information separate from traditional non-medical personnel records.

If vaccination status if stored electronically, employers should make certain to password protect this information and limit access to only those who are expressly authorized to view it, such as human resources.  In addition, this information should be stored in separate electronic files from the traditional non-medical personnel records.

Lawsuits related to vaccine mandates, paid time off for vaccinations, and many other vaccine-related issues will be on the rise in 2021 and 2022.  It is important to make sure that the custodians of this information in your organization are properly storing this information and keeping it confidential and complying with applicable laws. 

If you have questions or need assistance with assessing whether to mandate or incentivize vaccinations in your workplace, drafting a vaccination policy, or how to ensure compliance with recordkeeping requirements, feel free to contact the attorneys at CDF Labor Law LLP.

About CDF

For more than 30 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

> visit primary site

About the Editor in Chief

San Diego Associate Attorney. Taylor has experience defending employers of all sizes in employment-related claims regarding wrongful termination, discrimination, harassment, retaliation, and employment-related tort and contract claims. Taylor also has experience defending management in wage and hour class actions and PAGA representative actions. Taylor is a member of the Lawyers Club of San Diego and received her Juris Doctor from the University of San Diego School of Law, where she was a member of the Student Bar Association, Employment and Labor Law Society, Business Law Society, and Women’s Law Caucus.
> Full Bio   > Email   Call 858.646.0077

CDF Labor Law LLP © 2025

Editorial Board About CDF What We Do Contact Us Attorney Advertising Disclaimer Privacy Policy Cookie Policy