Can my employer making it mandatory for employees to get a flu shot and if they refused terminate them?
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Can my employer making it mandatory for employees to get a flu shot and if they refused terminate them?
We must get it by the end of last month.
Asked on October 9, 2012 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general rule, employers may require mandatory vaccines and terminate workers if they do not comply. The fact is that most employment relationships are “at will”. This means that employees can be fired for any reason, at any time. Exceptions to this would be if there exists an employment contract or union agreement prohibiting forced flu shots. Additionally, no anti-discrimination laws may not be violated. So for instance, if an employee's religious beliefs and practices prevent them from taking vaccines they typically can't be forced to take it.
Note: Additionally, an employee cannot forced to have a flu shot if doing so would affect an existing medical condition.
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