Can an employer make it mandatory to get the flu shot?
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Can an employer make it mandatory to get the flu shot?
If you don’t we were told we will not get our raises. Is the legal to hold your raises from you?
Asked on December 29, 2015 under Employment Labor Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
First of all, does this mandate violate company policy, an employment contract or union agreement. And does it constitute legally actionable discrimination? If no to both, then such a requirement is perfectly legal. Acompany can make getting flu shot mandatory. Additionally, in an "at will" work arrangement, an employer can give and take raises as it sees fit (as long as minimum wage laws are complied with). The fact is that a company can set the terms and conditions of the workplace as it sees fit or deems necessary.
Not withstanding the above, an employee cannot be made to have a flu shot if they have an underlying medicial condition. And a prior adverse reaction would count. However, that having been said, a raise is a discretionary benefit so you could still be denied one for this reason, any reason or no reason at all.
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