Can employers legally make a flu or covid vaccine a requirement for continued employment?

[jkaetz]

Or any other optional and ongoing vaccine. I'm sure the answer is "It depends" so I'm after what it might depend on. I'm thinking more about current employees where no such requirement was in effect when they were hired and not working in a medical or health care setting. I also suspect it will be tried by many until challenged in the courts.

 

[HoughMade]

I suspect that you are right...the "challenged in court" part.

First of all, if there is no employment contract (CBA or otherwise) and the employee is "at will", then the fact that it was not a requirement when hired is irrelevant. Conditions of employment, within the law, can be changed at any time and the employee can decide whether to stay or not.

Generally speaking, I believe that an employer could require an at will employee to be vaccinated as a condition of employment provided there is not a legitimate medical (or religious, possibly philosophical...but probably not) reason to not be vaccinated. Most employers outside healthcare do not require vaccinations, but that's not to say that they could not.

What makes this situation more interesting is the "Emergency Use Authorization." Let's be clear- the vaccines are not "experimental" as that term is used in the regulations. However, they were approved with a truncated process. Hence- "emergency". This could make for an interesting argument against mandatory vaccination as it could be argued that there is a heightened risk...at least until more time goes by. At this point, millions of people have received the vaccination.

 

[foszoe]

Yes . I believe the healthcare industry make it a condition of employment.

 

[HoughMade]

Almost forgot this:

Employers React to Workers Who Refuse a COVID-19 Vaccination

Many businesses are reviewing and revising their COVID-19 vaccination policies as the coronavirus crisis continues—and employers may be asking what they can do if workers refuse to get the jab.

www.shrm.org

The EEOC is of the opinion that employers can require vaccinations in most circumstances, but that is only federal regulations. There is still state law and other federal law to contend with.

https://www.eeoc.gov/wysk/what-you-...and-ada-rehabilitation-act-and-other-eeo-laws

 

[johntheplinker]

IIRC the govt said the Covid vaccine CAN'T be made mandatory, and yes, because of the EUA. Not to say that emplyers could just say take it or quit and a refusal is considered a voluntary termination. Seen some variation of that more than once in my time, when the DOL gets involved usually but not always the company wins.The flu vaccine, OTOH, ...

 

[marvin02]

If an employee objects to the vaccine because of the EUA status, but takes it in order to avoid losing their job how liable would the employer be for "forcing" the employee to take the vaccine despite their objections due to the limited testing?

I will not be surprised if one or more of these vaccines have some bad side effects. It is hard enough to get this stuff right with a patient approach, but these were rushed. Color me skeptical.

Edit: I see a market for fake vaccination certificates.

 

[tmschuller]

Yes . I believe the healthcare industry make it a condition of employment.

I’m in health care ( maintenance director) and we have the option of having the vaccine or not.

 

[indyblue]

And how are you get said vaccine if it happens to not be available to you yet?

And what would be the point for a company to require such since the vaccine (so far as we know) has NOT been shown to prevent the vaccinated from spreading?

 

[smittygj]

Not if it's not FDA approved. The vaccines being offered now are under a "emergency approval". I'm a DOD employee, and it's optional for us. And the military I work with it's the same way, it's not mandatory, but encouraged.

 

[BigErnNP]

Not if it's not FDA approved. The vaccines being offered now are under a "emergency approval". I'm a DOD employee, and it's optional for us. And the military I work with it's the same way, it's not mandatory, but encouraged.

I agree with this statement.
I think for most employers it will be encouraged but won't be mandatory.

 

[indyjohn]

Not if it's not FDA approved. The vaccines being offered now are under a "emergency approval". I'm a DOD employee, and it's optional for us. And the military I work with it's the same way, it's not mandatory, but encouraged.

This is the correct answer, in so far as it received "emergency approval". Because of that status it cannot be made a mandatory condition of employment. Now, if they continue down the road or start another formula and it goes through the standard process by next year it could become mandatory.

 

[KokomoDave]

I have filed my religious objection papers with my employer and .gov .

 

[phylodog]

Don't mean to derail but it appears the initial question has been answered. I have another if anyone knows.

Can your health insurance require you to get the vaccine or risk being dropped or any future covid related expenses not covered? I've got a feeling that if they cannot currently, they'll be able to soon.

 

[yote hunter]

i work in health care and it's not mandatory, but encouraged. As of right now . but who's to say as this goes on ?

 

[BigErnNP]

U.S. Employers Have Right to Mandate COVID-19 Vaccine. But Will They?

Private U.S. companies have the right under the law to require employees to get vaccinated against COVID-19, but are unlikely to do so because of the

www.insurancejournal.com

Just showing more in agreement with already answered response of encouragement and not mandate.

However it doesn't specifically state anything about Insurance providers, so that is a valid concern/question phylodog.

 

[chevyguy]

Almost forgot this:

Employers React to Workers Who Refuse a COVID-19 Vaccination

Many businesses are reviewing and revising their COVID-19 vaccination policies as the coronavirus crisis continues—and employers may be asking what they can do if workers refuse to get the jab.

www.shrm.org

The EEOC is of the opinion that employers can require vaccinations in most circumstances, but that is only federal regulations. There is still state law and other federal law to contend with.

https://www.eeoc.gov/wysk/what-you-...and-ada-rehabilitation-act-and-other-eeo-laws

the EOOC said its a go that employers can fire an individual for not getting vaccinated.

 

[chevyguy]

Read up on the Nuremburg Code, it is international law and then the Civil Rights Act of 1964 under religious exemptions.

 

[wtburnette]

i work in health care and it's not mandatory, but encouraged. As of right now . but who's to say as this goes on ?

This is to correct answer. You can't tell at this point what your employer might choose to do in the future. I also work in healthcare and currently it's not mandatory, but I have the feeling it won't stay that way long. We already are required to get a flu shot every year and I don't see this being that different eventually. I'm hoping as IJ stated, it'll be after a thoroughly vetted vaccine is developed. I work from home and will try my best to not have to take it.

 

[femurphy77]

Yes . I believe the healthcare industry make it a condition of employment.

The "normal" flu vaccine is a condition of employment at my hospital and throughout it's system (14 hospitals). The Kungflu vaccine isn't mandatory. Yet. They have several exemptions available for the normal flu so they'll no doubt honor similar exemptions for the kungflu. In speaking to the doctor yesterday that released me from my quarantine he confirmed that 85% of the known positives will experience no to mild symptoms only.

What a waste of resources.

 

[Roguelet]

Similarly, does anyone have thoughts on whether colleges can force their students to take the vaccine?