Legal Question in Employment Law in New York

I was informed today that the hospital where I work is imposing a mandatory flu shot on all employees this year. I am pregnant and never had it before and don't want it. I was very plainly told that if I didn't get the shot I will be fired. Is this legal? What if it's against my religion? I do not work in direct care of patients. I am a registrar, I work with computers and only work with patients to obtain billing information. I'm not a doctor, nurse, aide, etc. This was not a condition for hiring, this is just something they want to impose as mandatory where all other years previous it was voluntary. Cand they fire me for making a decision about my own healthcare?


Asked on 9/17/09, 12:35 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Similiar to School immunization requirements for students, a hospital employer may impose immunization requirements as a condition of employment, for communicable diseases.

Therefore, absent a specific physical health contraindication, it is suggested that you agree to the immunization or expect that you will be fired " for cause."

Good luck,

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Answered on 9/23/09, 6:31 pm


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