Can mandatory flu vaccinations for healthcare workers be held as a condition of employment if the policy was instituted after your hire date?

Question Details:Additionally, there is no state law that provides that a HC employee must comply to mandatory flu vaccinations. I am directly opposed to flu vaccinations due to personal beliefs and a health condition that falls "outside" of the CDC's recommended exemptions. Even through I am an employee in good standing I will be terminated for non-compliance. Since this is not a performance related issue, am I eligible for unemployment benefits?

Asked 2 years ago under Employment and Labor | 427 Views | More Legal Topics

Are you an attorney? Sign up to answer this question.
SJZ, Member, New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

1) Yes, a health care provider can require flu vaccinations for employees--that is a legal (and reasonable) requirement for employment, such as to avoid exposing patients to the flu.

2) If you refuse to get the vaccination, which is reasonably related to the employer's needs, then you would be disobeying company policy and/or the direct instructions of your supervisor(s); in either event, your employer could elect to treat your termination as firing "for cause" and deny you unemployment benefits.

If you can't or won't get  flu vacines, health care may not be the field for you, the same way that  someone who is very sensitive to the sun should not have an outdoor job (especially in summer)--some positions can require actions or impose health requirements which are not compatible with your own needs.

Attorney Quick Finder

Top Ranking Attorneys

  • Gregory Abbott 70 Answers | Points 650 Bronze Contributor
  • Terence Fenelon 226 Answers | Points 600 Gold Contributor
  • Joanna Mitchell 11 Answers | Points 550 Bronze Contributor
  • Maury Beaulier 322 Answers | Points 450 Gold Contributor
  • Christine Socrates 17 Answers | Points 400 Bronze Contributor
  • Anne Brady 931 Answers | Points 400 Platinum Contributor
  • Anne Brady 931 Answers | Points 46530 Platinum Contributor
  • Kevin Bessant 741 Answers | Points 37030 Platinum Contributor
  • Hong Shen 568 Answers | Points 28400 Platinum Contributor
  • Catherine Blackburn 566 Answers | Points 27770 Platinum Contributor
  • Victor Waid 522 Answers | Points 26060 Platinum Contributor
  • Tricia Dwyer 480 Answers | Points 22150 Gold Contributor