What to consider before encouraging or requiring flu shots

As fall approaches, many employers are getting anxious about the upcoming flu season. With COVID-19 still unchecked, they could soon find themselves in the position of battling staffing challenges and employee health issues from two dueling infections. While healthcare employers have long mandated flu shots for employees, many others are considering imposing vaccine requirements for the first time. Here are some issues to consider along with possible employee talking points if you decide to encourage or require the shots.

Federal law doesn’t prohibit vaccine requirement

Under federal law, employers may impose reasonable vaccine requirements. In most situations, however, you should be prepared to provide exemptions or accommodations for bona fide religious or health objections under Title VII of the Civil Rights of 1964 and the Americans with Disabilities Act (ADA). Employees asserting disability-related reasons have the highest level of protection.

Some states may permit employees to raise other reasons for being exempted from the vaccine requirement. Therefore, you should always consult with employment counsel about the state law’s impact on your policy decisions.

Standard accommodation for vaccine-refusing employees

Healthcare employers have been requiring the flu vaccine for years now; in fact, some of them have been mandated to do so. You can expect the practices that have worked in the medical arena generally suffice for most other businesses.