Can Employers Require Workers Get a Flu Shot?

Q: Can an employee be required to take a flu vaccine as a condition of employment? I’ve never liked flu shots, but they’re making it mandatory where I work, and I would prefer not to get one, if possible.

A: The short answer is yes, an employer can require it—especially, if you work in health care.

Employers in this field are standing on solid legal ground because the CDC has recommended that healthcare workers get the vaccine yearly in order to protect vulnerable patients. In fact, during last year’s flu season, some health care workers around the country were fired for refusing the vaccine.

Employers outside of health care stand on shakier ground. Assuming your organization is only requiring a flu vaccination because it wants to maintain a healthy workplace or reduce the number of sick days this season, then you’re more likely to have some wiggle room and obtain an exemption. Try talking to management to express your apprehension. Sometimes exemptions are made for medical concerns (like allergies to eggs), or religious or other deeply held beliefs. Proceed carefully; you’ll have to weigh how strongly you feel about avoiding the vaccine against the waves you’ll make when challenging the new requirement.

A Word to Employers (outside health care):
Instead of making flu vaccines mandatory –thus creating an adversarial stance that sets you up for possible employee and morale problems- I recommend offering lots of support, encouragement and information about the flu and the vaccine. For example:

Provide free flu shots at work (usually covered by insurance) or offer to reimburse the cost at approved third-party sites (like pharmacies).
Educate employees about the flu (you can be contagious even before showing symptoms); and taking precautions (wash hands, don’t touch your face.)
Keep hand-sanitizer pumps and wipes near common areas like restrooms, break-rooms and copy machines.
Allow employees to work from home if they suspect they’re contagious. If you don’t make this allowance sick employees will show up to work in order to save their paid days for later.
If someone looks sick, send them home to rest/recover (or work remotely.) Encourage sick employees to stay home.

In other words, choose the carrot over the stick.