Employer mandating flu shot

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Employers may adopt mandatory flu shot policies which are drafted and implemented in a legally compliant manner.

Legal Regulation of Vaccination Policies As a condition of employment, an employer may require that all employees receive a flu shot.

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.

More and more health care employers are requiring that all employees get the influenza vaccine in order to help protect patients and coworkers during flu season.

This trend has resulted in questions pertaining to the legality of such policies, as well as how to properly implement a mandatory influenza vaccination policy for employees.

However, an employer's compulsory flu shot policy must provide for exemptions in order to comply with various laws regulating the employer/employee relationship.

For example, if an employee with a physical or mental disability refuses a flu shot, the employer may have to make a reasonable accommodation in order to comply with the federal Americans with Disabilities Act (ADA) and the Michigan Persons with Disabilities Civil Rights Act, unless the accommodation would impose an undue hardship on the employer.

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