Could Refusing a Flu Shot Cost You Your Job? If You Work in Healthcare, It Might.

No employer wants their employees coming into work sick, especially when it increases the risk of spreading the same bug around the workplace. As employees continue to come into work feeling under the weather to avoid taking more sick days, some employers are encouraging employees to get flu shots by allowing employees time off without penalty to get vaccinated during the workday, or even including this vaccination as a covered benefit under their health plan.

While some employers are offering more flexibility for their employees to get the flu shot, the choice of getting the vaccine has always been optional up to this point. It’s not common that employers actually require their employees to get the flu shot, but if you work in healthcare, is the option of choice still there?

According to the Center for Disease Control and Prevention, the CDC doesn’t issue any requirements or mandates for state agencies, health systems, or health care workers regarding influenza vaccination, but some employers might require certain immunizations. In most cases, if you work in a hospital setting, you employer may require some staff to get the vaccine to prevent the spread of the flu to vulnerable patients and to staff.

Usually there is no issue among doctors and nurses getting their flu shot each year, but some people working in healthcare might choose to pass on this vaccination due to their religious beliefs, disabilities or allergies to the flu vaccine. Even though it’s advised that health care workers get the flu vaccine to protect themselves, their families and their patients, is forcing your employees to get their flu shot violating the law?

Recently, Michael R. Lied of Howard & Howard wrote an article on a case where a woman from Massachusetts alleged that Children’s Hospital Boston violated the law when it terminated her after she refused a flu vaccination because of her religious beliefs. Even though the hospital's policy clearly stated that the only people exempt from vaccination were those whom the influenza vaccine posed a serious health risk to, and did not include those who objected for religious reasons, is this still a violation against an individual's personal belief system? The court ruled that since the hospital had offered the woman a non-gelatin influenza vaccine to accommodate her religious concerns, which she declined, the hospital acted legally by taking steps to make sure there was a reasonable accommodation for those working in a patient-care position.

As more cases of hospital workers being fired - some even resigning - for refusing to get their flu shot continue to rise, more employees are beginning to file lawsuits against hospitals that are requiring these mandatory vaccinations.

With the Equal Employment Opportunity Commission (EEOC) taking a recent stand on mandatory flu shots, they are now going after employers that fire workers who refuse the shot for religious reasons. As the EEOC pressures employers to accommodate employees, more employers should be prepared to accommodate their employees based on religion and/or disability.

Of course, there are still many reasons why some people believe healthcare workers should get their vaccinations, especially considering the increased risk of exposure to their family, colleagues and patients. But if being forced to take an injection violates your personal belief system, does this give employees more ground to stand on when it comes to protecting their civil rights?

At the end of the day, employees working in healthcare do have options when it comes to vaccination. While these options may weigh heavier depending on what what hospital you work for, not all medical facilities will require the same vaccination policy as another. If you stand strong against getting the flu vaccine for personal or religious reasons, find a job at a hospital that is willing to accommodate you to avoid dealing with a lawsuit down the road.