LOUISVILLE, Ky. — As COVID-19 vaccines make their way to the Commonwealth, could employers in Kentucky require workers to receive the shot?

Employment attorneys say yes, but there are some exceptions.

Cindy Effinger, an employment and business litigation attorney at McBrayer PLLC in Louisville, said, "There is no law that would prohibit an employer from requiring a vaccine. Whether that’s the appropriate way to go about things is a different question."

With Kentucky being an at-will state, meaning employers and employees can terminate employment at any time for any reason, Effinger says employees don’t have many options regarding the vaccine.

According to the Pew Research Center, about four in 10 Americans said they would definitely not or probably not receive the vaccine once available.

“We don’t presume or assume that it’s not safe, but an employer certainly has an obligation to have a safe work environment and an obligation to keep up with what is necessary to protect its employees, it’s customers, and it’s vendors,” Effinger explained.

Attorneys say Kentuckians can always request exemptions based on medical and religious reasons.

“Some employees certainly do have some rights, but employers also  have the right to say as a condition of this job unless you have a disability or you have a religious objection then you will be required to to have that vaccine," she said.

Effinger says refusing vaccination because one believes the vaccine to be unsafe will likely not be a reason for exemption.

“Your philosophy about vaccines or your uncomfortableness or your fear doesn’t rise to the level of protected interest like a religious belief. Employers are going to have to weigh the needs and the philosophies with their employees,” Effinger said.

Effinger is advising employers to start a conversation with their employees and work something out with those who don’t want to take it.

“Whether it’s a strongly encouraged program or a mandatory program, employers should be developing their policy, having communication with their employees about the vaccine, providing credible, valuable information about what the vaccine is," she said.

However, legal experts expect potential opposition from employees resulting in several legal battles to arise.

“People have strong feelings about their job and their rights to it and whether they’re wrongfully terminated," Effinger said. "I could see there being some challenges. I don’t see them being successful absent a law that would  prohibit an employer from requiring a vaccine.”