Thankfully the so-called "swine flu," more accurately classified as H1N1 influenza A, didn't become the worldwide pandemic that many disease experts feared. But the Americans who clamored for the limited supply of H1N1 vaccinations last fall prepared for the worst.
Meanwhile, some employers amended their time-off policies so that workers with flu-like symptoms had more incentive to stay home versus inviting the risk of infecting their coworkers.
But can your employer legally require you to receive a vaccination?
The Occupational Safety & Health Administration (overseen by the US Dept. of Labor) answered this question in the form of a letter to Ohio Congresswoman Marcy Kaptur, who asked OSHA for guidance in response to a letter from a constituent. The constituent, Tara Fisher, contacted Ms. Kaptur to ask if it was legal for her employer to threaten employees with mandatory time off for not accepting H1N1 flue shots.
The answer, in short, is yes.
The response letter by Jordan Barab, OSHA's Acting Assistant Secretary, states the following:
It is important to note that employees need to be properly informed of the benefits of the vaccinations. However, although OSHA does not specifically require employees to take the vaccines, an employer may do so.
However, an employee may refuse a vaccination without repercussions if he or she has a valid argument that doing so would create a health risk, according to Mr. Barab's letter.
A similar question was asked in FindLaw's Answers forum, where a hospital worker without patient contact asked if it was legal to require an H1N1 vaccine under threat of termination. The attorney answering the question said the policy was indeed legal.
Related Resources:
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2009 H1N1 Flu (Centers for Disease Control)
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H1N1: Is Your Small Business Ready for Swine Flu? (FindLaw Free Enterprise Blog)
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Chicago Employment Lawyer Directory (FindLaw)
