Monday, January 2, 2012

For Healthcare Workers: Vaccinations & Your Rights

For many healthcare workers it is now "required" that you receive the flu shot.  I personally believe that it should be one's right to choose what they put in their body and that no employer should require vaccination.  That said, here are some links that can help you object to the annual flu vaccine requirement:
  • If you work in a healthcare facility, this page on the CDC website will tell you whether you are able to use a medical, philosophical, or religious exemption.  For Marylanders, the site lists the following info:
    • For Maryland, for religious exemptions to the immunization requirements of MD. Regs. Code tit. 10, § 06.01.12 (regarding rubella) and MD. Regs. Code tit. 10, § 06.01.15 (regarding rubella), see MD. Regs. Code tit. 10, § 06.01.12 and MD. Regs. Code tit. 10, § 06.01.15. MD. Regs. Code tit. 10, § 06.01.12 and MD. Regs. Code tit. 10, § 06.01.15 provide that if a worker objects to the immunization on the grounds that it conflicts with the worker’s bona fide religious beliefs and practices, the hospital shall grant a religious exemption. 
  • According to the U.S. Equal Employment Opportunity Commission (EEOC), under the heading "Reasonable Accommodation & Religion", it indicates:
    • The law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause difficulty or expense for the employer. This means an employer may have to make reasonable adjustments at work that will allow the employee to practice his or her religion, such as allowing an employee to voluntarily swap shifts with a co- worker so that he or she can attend religious services.
  • Title VII
    • Title VII of the 1964 Civil Rights Act requires employers to reasonably accommodate their employees' religious beliefs, as long as it does not cause undue hardship.
  • MD Health General  Code Ann. § 18-403:
    • HEALTH-GENERAL 
                   TITLE 18. DISEASE PREVENTION                    SUBTITLE 4. MISCELLANEOUS PROVISIONS
                   Md. HEALTH-GENERAL Code Ann. § 18-403 (2007)
                   § 18-403. Religious exemption
      • (a) In general. -- Unless the Secretary declares an emergency or disease epidemic, the Department may not require the immunization of an individual if:
      • (1) The individual objects to immunization because it conflicts with the individual's bona fide religious beliefs and practices; or
      • (2) The individual is a minor and the individual's parent or guardian objects to immunization because it conflicts with the parent or guardian's bona fide religious beliefs and practices.
      • (b) Rules and regulations. -- The Secretary shall adopt rules and regulations for religious exemptions under this section.

Additional Resources:

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