Mandating flu shots legality
Employers may also want to make sure documentation identifies who was involved in the process, when each step took place, whether disciplinary action was taken, and why each decision was made along the way. Under most circumstances, it is legal for a business to enforce a flu shot policy. Before rolling out a mandatory vaccination requirement, an employer may want to have a process in place for requesting accommodations. Equal Employment Opportunity Commission EEOC sued a hospital that declined to grant religious exemptions for six employees who refused the flu vaccine. So how can healthcare employers implement mandatory flu vaccine policies? Employers have an obligation to accommodate only sincerely held religious beliefs or disabilities. Another similar case, Equal Employment Opportunity Commission v. A carefully written vaccination policy can describe that process, so employees understand where to turn if they need to ask for accommodation.
Specifically, businesses should keep clear records of precisely what accommodations have been requested, considered, negotiated, and either granted or rejected. In the context of vaccines and otherwise, employers will want to carefully document the accommodation process in writing. Baystate Medical Center, is still pending in federal court. Many employers simply encourage employees to receive the shot by paying for the vaccine and having a medical provider come to their location to administer the shot, making it convenient for all. My Vaccine Lawyer has a stable of attorneys licensed for Federal Vaccine practice. With the beginning of each flu season, both employers and employees may wonder if an employer can legally mandate an employee to get a flu shot in order to maintain employment with the company. Our legal fees are paid by the government. In addition, you never pay legal fees to be represented by My Vaccine Lawyer for a vaccine lawsuit. Equal Employment Opportunity Commission EEOC sued a hospital that declined to grant religious exemptions for six employees who refused the flu vaccine. Once the accommodation is in place, an employer can continue working with the employee to make sure it remains effective and feasible. He assists clients facing lawsuits and administrative charges alleging employment discrimination, harassment, retaliation, and violations of other workplace laws and regulations, including the FMLA and FLSA. Every workplace and situation is different, but there are a few key points to keep in mind: Employers may also want to have forms for employees to fill out to request a waiver as an accommodation. A number of states require healthcare employers to offer the vaccine or to ensure that employees receive it with certain exceptions. The issue of vaccine injuries has left both employers and employees with a question that may not have a definite answer. In the healthcare industry, mandatory vaccination programs for employees are common. Employers may also want to make sure documentation identifies who was involved in the process, when each step took place, whether disciplinary action was taken, and why each decision was made along the way. Employers may want to have general reasonable accommodations policies, as well as procedures and request forms, to manage the interactive process. The Centers for Disease Control CDC and Prevention website tracks these various state laws and their requirements, and the CDC itself recommends that all health care workers get vaccinated including all workers having direct and indirect patient care involvement and exposure. Some employees may be medically unable to receive the flu vaccine. In fact, some healthcare companies have even been known to fire employees who refused to be vaccinated with the flu vaccine. What about employees who make the legitimate argument that a mandated flu shot violates their privacy rights to exercise control over their body? The EEOC and at least one federal court consider veganism, in some circumstances, to constitute a religious belief that could exempt an employee from a flu-vaccination requirement. Before rolling out a mandatory vaccination requirement, an employer may want to have a process in place for requesting accommodations. Unfortunately for those employees who have a fear of needles or other aversion to vaccines, an employer can still require a flu vaccine in many cases.
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