QUESTION

I am a nurse in PA. Last year the hospital made a policy that is you do not get a fu shot you must wear a mask during flu season.

Asked on Aug 17th, 2012 on Labor and Employment - Pennsylvania
More details to this question:
This year they changed the policy stating that only people with a bona fide medical, or religious belief can be exempt from the shot otherwise you will be written up. After the write up if in 2 weeks you still decide not to get it you are immediateley terminated. The hospital gets to choose who is exempt and if it is a valid reaso. What are my rights? I have personal beliefs for not getting the shot, but they will not accept this. Can they do this?
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1 ANSWER

Generally speaking, both federal and state laws require private employers to provide reasonable accommodations to legitimate religious convictions or beliefs.  With regard to immunizations for flu shots to health-care workers in hospitals, the issue can be a bit more complicated, because there becomes super-imposed a legitimate concern by the hospital-employer about the health and safety of the patients in the hospital.   However, I do not believe that PA is a state that requires flu vaccinations of hospital staff by law.  And, if the employer is allowing conscientious objectors to not get the flu shot but wear a mask instead, that may be a reasonable solution.  So, I don't think the hospital can legally discipline and terminate an employee who refuses to get a flu shot for legitimate religious reasons, especially if that person is willing to wear the mask.  I would be interested in speaking with you in more detail about this matter.  Please feel free to call me or email me directly.   Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com    
Answered on Aug 17th, 2012 at 4:52 PM

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