Employer mandating flu shot
The policy should also specify what written documentation the employee must furnish the employer to prove that the employee was vaccinated.An Employer's Policy Should Include Exemptions An employer's influenza vaccination policy should provide a process for employees to request an exemption from the employer.In appropriate circumstances, an employer should consult knowledgeable legal counsel before making employment based decisions.Employers Should Adopt a Written Policy It is advisable for an employer that wishes to require flu shots to adopt a written flu shot policy so that all employees have reasonable advance notice that receiving an annual influenza vaccination is a condition of employment.If an employee refuses to comply with the employer's policy and/or any reasonable alternative protective measures required by the employer if an exemption is granted, an at-will employer may pursue disciplinary action which could include termination.An employer should understand that, as with other employment decisions, its determination to impose disciplinary action for noncompliance could be challenged by the employee and is not binding on governmental agencies or the courts.For example, the employee could wear a mask covering her mouth and nose in lieu of having the flu vaccination.
The employee’s sincerely held religious belief is enough for protection.
Health care employers in Illinois are required to provide all employees with education on influenza, as well as the opportunity to receive the vaccine.
Any employee who declines the vaccination must sign a statement stating that he or she received education about the benefits of the flu shot but declined to receive the vaccination.
A reasonable accommodation could take the form of exempting the employee from the requirement and instead requiring a different protective measure, such as wearing a surgical mask.
Similarly, if an employee objects due to a sincerely held religious belief, the employer may also have to provide a reasonable accommodation, unless doing so would impose an undue hardship on the employer, in order to comply with the federal Civil Rights Act of 1964 and the Michigan Elliot-Larsen Civil Rights Act.