GREENSBORO, N.C. — We’re getting a ton of questions about COVID, flu and what employers can and can’t do. For example:
Can my employer require me to take the flu shot or the COVID vaccine when it comes out? Can I be fired over it?
The answer is yes and no. The EEOC, Equal Employment Opportunity Commission has long taken the position that employers should encourage, but not require employees to get the influenza vaccine. The government agency updated guidelines to include the COVID pandemic.
As always, employees with a disability or religious reasons can be exempt from a required shot or vaccination, but that's not the end of the story.
“This is called the Undue Burden. The employer is required to talk with the employees and access whether if the risk of the employee giving a patient, like at a nursing home for example if the risk is higher for the employee to give the flu or COVID to the patient than the risk of the employee not working there. If that is the case, then the employer can stop that employment,” said Nicole Patino of the Law Office of Fred T. Hamlet.
Simply saying no can get you fired, but if you do have a disability or religious concern, talk to your employer about it and see if there is a way to make a reasonable accommodation.
There are other employment concerns from being required to use vacation or sick time to being required to come into work during a state of emergency. You can read about both here: