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H1N1 Vaccine
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Is it possible for a company or healthcare provider to mandate that all employees and personnel receive the H1N1 Vaccine in order to continue working at the institution? Can such a policy be created a
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Forums » Topic Forums » Legal Forum » H1N1 Vaccine
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H1N1 Vaccine
posted at 9/15/2009 5:21 AM EDT
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Posts: 14
First: 6/12/2008 Last: 3/22/2010 |
Is it possible for a company or healthcare provider to mandate that all employees and personnel receive the H1N1 Vaccine in order to continue working at the institution? Can such a policy be created and enforced?
Just recently a memo went out stating that the NYS department of health suggested that certian businesses offer employees the option to get vaccinated. The company than decided that it wanted to create its own rule in mandating the vaccine for all employees if they wished to continue working at the instiution on a yearly basis. Any help or assistance would be greatly appreiciated. Thanks in advance! |
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H1N1 Vaccine
posted at 9/15/2009 6:52 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
You may mandate that employees must be H1N1-vaccinated before they can come to work, however, you need to take the following into consideration first:
* what H1N1 vaccine is available to the general public right now is very limited and very costly * there is no real medical need to be H1N1- vaccinated right now |
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H1N1 Vaccine
posted at 9/15/2009 10:59 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Not only is this not practical but there are some people unable to take even a basic flu shot due to egg allergies (basic flu shots are made with eggs). While I do not know what the H1N1 vaccine is made with I will submit that there will be those who cannot take it. |
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H1N1 Vaccine
posted at 9/16/2009 4:45 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
So Newbie, to aummarize all this:
1. You can legally mandate this; and 2. If you do, your organization is going to lose most of its employees right away. You need to warn the powers-that-be at your organization about #2. |
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H1N1 Vaccine
posted at 9/16/2009 4:51 AM EDT
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Posts: 14
First: 6/12/2008 Last: 3/22/2010 |
Thank you everyone for your input. I"ve spoken to several employees already who have said that they will refuse the vaccine as they dont want to inject it into their bodies as they dont see it to be neccessary and their medical doctors have advised them against it as well.
What I dont understand is that how an organization can legally mandate that employees recieve a flu vaccine that may or may not prevent someone from getting the flu. Isn't it almost like saying, we have this new expiremental drug out and if you want to work here you have to take it? I understand that theres a difference, but your essentially asking or requiring for the most part that people inject substances into their body that they do not want, and if they refuse to do so they'll be released. The vaccine is not essential to job performance (maybe for dr's or nurses) but not for the secretary or the person who works the switch board who doesn't have direct contact with paitents etc.. I've already tried contacting the Department of Labor and they were of absolutly no help. |
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H1N1 Vaccine
posted at 9/16/2009 5:08 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
There have been successful litigation efforts against private individual employers who have mandated vaccines such as what you company is doing. The NY mandate applies to healthcare workers and has provisions for certain qualified individuals to decline. This is a state wide, state generated emergency mandate. I am guessing that your company is not covered under the state-wide mandate in any way.
There are legal proceedings being undertaken in NJ to stop mandatory inoculation. Successful efforts in the federal court system have occurred in the past, most notably Virginia Mason Medical Center in Seattle WA. I would caution against proceeding with a mandate that is all encompassing and stick with encouraging. That might include free shots (as in paid for by the employer) offered on-site. |
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H1N1 Vaccine
posted at 9/16/2009 9:41 AM EDT
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Posts: 198
First: 5/6/2006 Last: 8/29/2011 |
Can someone provide me with a website or something showing that a company many legally mandate flu shots? This was recently debated in a staff meeting. I personally am absolutely against not allowing employees a choice when it comes to something like this, and even more so if the employee is required to pay for it out of pocket. Would just like to see how all of this is worded. Thank you. |
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H1N1 Vaccine
posted at 9/16/2009 11:59 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
If it's able to be employer mandated and the employer requires the employee to pay for it, the employer would need to make sure it isn't taking the employee's wages below minimum wage for non-exempt and exempt wage for exempt employees.
Honestly, there is no way I would suggest this to my management. But if I did, I would suggest getting competent legal counsel's advice, because like HRPro said, there are current court cases in different states that could make a difference on what the employer decides. I can understand it if you work in an environment where it is essential (like health care)...otherwise, I think it is an overreaction. |
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H1N1 Vaccine
posted at 9/17/2009 3:45 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
ellymae, there probably isn't anything in writing that specifically states that employers may legally mandate flu shots. It's the absence of a written law against it that makes it legal.
Again, though, just because it's legal doesn't mean it's not a stupid practice. |
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