Are mandatory flu vaccines legal?
As an employer, you’re required to maintain a safe workplace for your employees. This is enforced through state law and the Occupational Safety and Health Act (OSHA). However, the actions you take must be demonstrably job-related.
If your company deals in healthcare or serves a target market that is at increased risk from severe flu complications, a case can be made that mandatory flu vaccination is necessary to operate your business safely. Other industries may have less justification and could be at higher risk for legal challenges by employees who don’t want to be vaccinated for various reasons.
Many states have passed laws regarding mandatory flu vaccines. Some require vaccination in healthcare workers, while others, such as Texas, Florida, and Montana, have laws prohibiting private employers from mandating vaccines as a condition of employment.
Are there any exemptions to an employer-mandated flu vaccine?
Even if your company can legally require flu vaccination, there are some employees who may still be exempt from this policy. Two exemptions are recognized by the Equal Employment Opportunity Commission (EEOC) and covered under the Americans with Disabilities Act (ADA).
Individuals with CDC-specified health conditions should be exempt from mandatory vaccination. This includes those who have severe, life-threatening allergies to vaccine ingredients and anyone diagnosed with Guillain-Barré Syndrome. Pregnant employees should also receive an exemption if they request it.
When employees request an exemption, it’s within your rights to investigate the claims and seek evidence of the proposed basis for the exemption. Medical documents proving a diagnosis, history of allergic reaction or pregnancy should be sufficient to grant the exemption.
If an exempt employee ’s vaccination status poses risk to customers or vulnerable employees, you may work with the exempt employee to establish accommodations that mitigate that risk, as long as they’re not overly burdensome to the company.
How to implement a flu vaccine mandate
The way you implement a flu vaccine mandate can have a major effect on employee response and compliance. Instead of requiring that employees get a flu vaccine, consider encouraging it.
If you do decide to implement a mandatory vaccine policy, discuss it with an attorney and members of your HR team if you have one. After receiving legal and HR guidance, prepare for exemption requests, and make sure to process them in a timely manner. For additional encouragement, you could offer vaccinations on-site or offer time off to get them at another location.
What options do I have in place of mandatory flu vaccination?
Although mandatory flu vaccines may be within a company’s rights to enforce depending on your location and industry, there are alternative options that may be a better fit for some businesses. Vaccination decisions are a polarizing topic and can cause discord within your departments between those who disagree. To lessen the severity of a mandate, some employers choose to enthusiastically encourage voluntary vaccination.
On-site vaccination
Bringing nurses in to offer flu vaccines to employees, especially if they’re covered by the insurance you offer or supplied by the company, ensures no one is unvaccinated due to accessibility issues. Anyone who wants the vaccine can easily get it while at work, and the community nature of the program may encourage hesitant employees to get vaccinated in an effort to fit in with their coworkers.
Vaccination incentives
Offering a small incentive to get the flu vaccine may be able to sway some holdouts. You could offer a 15-30 minute break immediately following the shot, extra vacation hours, cash bonuses or any other company perk your employees consider valuable.
If individual incentives are out of budget, look into setting up a raffle for a few larger prizes. Even items as simple as a sticker to identify employees who received their shot can be an incentive for those who are motivated by social acceptance praise.
Education outreach
Usually, when people are hesitant about vaccines, it’s due to concerns and limited knowledge. Hiring a medical professional to answer employee questions can alleviate some of those fears and give hesitant employees medically accurate information.
Finding a healthcare worker who is versed in motivational interviewing will offer a targeted approach to help employees feel more comfortable. Evidence shows having a patient medical professional available to answer questions, explain side effects and vaccine ingredients and work with the individual to find out what motivates them can be successful in easing hesitancy and mistrust.
Promote hygiene
Promoting handwashing and responsible behavior during flu season can also help mitigate the spread of illness between coworkers. If you choose to avoid mandatory flu vaccines, encouraging those who are willing to get vaccinated, combined with flu season hygiene practices, can help prevent most outbreaks. Remember to listen to at-risk employees who may be concerned for their health, and consider any suggestions they may have to improve workplace health.
