Fort Myers, FL asked in Employment Law for Florida

Q: Can an employer enforce its employees to get flu shots?

From my understanding, in the past, my brother-in-law's employer (a medical group purchasing and supply chain services company) required their employees to get flu shots but did not enforce it. He hasn't had a flu shot in years because the last couple of times when one was administered to him, he became very sick. Now, the employees are being told they have to get a flu shot due to the coronavirus pandemic or they will not be able to work. They have to sign a form saying they will get the flu shot and submit it to HR. He says it is being enforced. Is this legal now?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Tallahassee, FL
  • Licensed in Florida

A: The good news first: There is Florida or federal no law that allows employers to mandate flu shots for all employees.

However (the bad news): There is no Florida or federal law that forbids employers from requiring flu shots for all employees--unless that requirement of employment in any way discriminates on the basis of race, gender, age, marital status or national origin.

The closest thing to any form of exemption for any employee is religion; however, employers can require employees who claim some form of religious "exemption" to prove they are doing so for that reason (as opposed to just claiming a religious exemption to avoid taking the shot).

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