By Anthony J. Caruso, Jr.
Recent outbreaks of contagious diseases at childcare
facilities in Illinois have brought fear to the parents of children along with
concerns of potential liability to the operators/employers of these child care
centers.
An amendment to the Illinois Child Care Act of 1969 imposes
new requirements on child-care employees, effective January 1, 2016.
What EMPLOYERS are covered under the law?
Any Illinois child-care facility that cares for children
ages 6 and younger.
What must child-care EMPLOYEES do under the law?
Employees must provide proof of two doses of the Measles,
Mumps and Rubella (MMR) vaccine or provide proof of immunity along with
providing proof of having received the tetanus, diphtheria and pertussis vaccine
(Tdap). As such the law does NOT provide any exemptions to employees due to
medical or religious reasons.
Under this new law, employers at child care facilities now
have a legal basis to demand vaccination or proof of immunity of their
employees. Such medical records should be kept in a medical file, separate from
the employee’s personnel file to comply with medical privacy laws.
Questions? Contact
Anthony J. Caruso, Jr. of Wessels Sherman’s St. Charles office at (630)
377-1554 or via email at ancaruso@wesselssherman.com.
