Mandatory vaccinations in the workplace: an overview for Maine employers

Lately, we've been fielding questions from employers about the legality of mandating influenza and COVID-19 vaccines for employees. While a fair amount of information is available for flu vaccines, we expect federal and state agencies will provide guidance on mandatory coronavirus vaccines in the coming months. Until then, the flu vaccine guidance  is a helpful point of reference.

Flu vaccines in the workplace

Guidance on mandatory flu vaccines in the workplace comes from the Occupational Safety and Health Administration (OSHA) and the Equal Employment Opportunity Commission (EEOC). In a 2009 interpretation letter, OSHA stated employers may require employees to take the flu vaccine so long as they are “properly informed of the benefits of the vaccinations.” The agency went on to say they must be able to obtain medical exemptions if necessary.

Similarly, in guidance issued during the H1N1 epidemic and updated this past March, the EEOC recognized employers may require flu vaccines in the workplace but must provide disability and religious exemptions. The agency suggested, however, employers should “simply encourage employees to get the influenza vaccine rather than requiring them to take it.”