Tis’ the Season… Workplace Policies Relating to Mandatory Flu Vaccinations
The dreaded flu season is upon us. Many workplaces are now offering free vaccinations during work time and encouraging their employees to get vaccinated. Some employers, particularly in the healthcare field, are even instituting policies requiring their employees to get vaccinated; but, can employers force their employees to get flu shots if they openly refuse?
The federal government does not require vaccinations, but many states including Illinois have laws requiring healthcare workers to get vaccinated. Under Illinois law, healthcare employers may require influenza vaccinations, however employees may decline the vaccination if: 1.) the vaccine would likely be detrimental to the person’s health; 2.) the vaccine is against the person’s religious beliefs; 3.) the person has already been vaccinated; or 4.) for other documented reasons. See 77 Ill. Admin. Code § 956.30.
Other non-healthcare facilities may require the flu vaccination as a condition of employment in the employment contract.
Although healthcare facilities and other workplaces may institute mandatory vaccination policies, in some circumstances, it is possible that the policy can run afoul to federal and state antidiscrimination laws. An employer may be subjecting itself to potential liability under Title VII of the Civil Rights Act (“Title VII”), the Americans with Disabilities Act (“ADA”), and other similar state laws. Under the ADA, an employer must provide reasonable accommodation for an employee who has a disability that would make the vaccination dangerous. Likewise, under Title VII, if an employee’s religion prohibits them from being vaccinated, the employer must allow for the employee to be exempt from its policy. Therefore, if instituting a mandatory vaccination policy, employers must include exemptions based on an employee’s medical history or religious beliefs.
In order to avoid the potential risks of instituting a mandatory vaccination policy, the employer may choose to educate its staff about the benefits of the influenza vaccination and create incentives for its employees to get vaccinated. Tristan & Cervantes has advised numerous clients regarding workplace policies. Please contact our office regarding your business and any questions you may have.
