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