Can a hospital employer set a deadline for 90% employee compliance for flu vaccination and then if the 90% is met drop the requirement?

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Can a hospital employer set a deadline for 90% employee compliance for flu vaccination and then if the 90% is met drop the requirement?

If quota not met, all non-compliant non-sick employees must wear a mask for entire shift. I cannot wear a mask due to claustrophobia so I am about to be terminated? Can they do that?

Asked on December 7, 2012 under Employment Labor Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, this is legal. Employers are allowed to set requirements or conditions for employment. Such requirements or conditions can include either having flu vaccinations or wearing surgical/medical masks, or both. It is up to the employer's free choice what to require, and the employer may likewise decide what to do (e.g. terminate) to employees who do not comply. The only exception would be if any employees have written contracts which limit the grounds for discipline or termination; if so, those contracts are enforceable.


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