Can job termination occur if nurses do not get the flu shot and refuse to wear a mask

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If a nursing home nurse refuses the flu shot and refuses to wear a mask during flu season is it legal for employer to terminate employee in Pennsylvania?

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Specializes in Psych, Corrections, Med-Surg, Ambulatory.

You'll need to check your union contract and the labour board. I think if you produced a Dr.'s note about having Guillain-Barre or other medical contraindication, you could get by with wearing a mask. I can see why a nursing home would not want to put their residents at unnecessary risk.

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Specializes in hospice.
I think if you produced a Dr.'s note about having Guillain-Barre or other medical contraindication, you could get by with wearing a mask.

But this person refuses even to wear mask.

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The employer does not have to state that the firing is specifically for the action of refusing the shot. They can fire the employee using the phraseology that they refused to follow a company policy. That is how it is usually done to preclude rebuttal.

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Specializes in Psych ICU, addictions.

Many states are employment-at-will, meaning you can be fired for any reason as long as it's not an illegal one. IMO, your most accurate answer would come from an attorney versed in employment law in PA.

Also, if you are part of a union, I would talk to your steward about this, though don't expect being in a union to be bulletproof protection against termination because it might not be, especially if you're refusing the mask.

Best of luck.

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I don't see how anyone would expect that they would not get into serious trouble (possibly fired) for refusing to either take the shot or wear a mask. Employers have policies and it is the responsibility of the employees to abide by them. If not, there are usually consequences.

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Specializes in hospice.

I think they SHOULD fire anyone who is unwilling to take steps to protect clients from risk of flu. You don't have to get the flu shot, but if you don't, pull up your big girl panties and wear a mask.

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Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

You are given a choice to A: get the flu shot/flu-mist , or:

B: wear a mask during flu season. So, based on this the company can say (as mine does):

"You DO have a choice per company policy worded this way. Make one." Perfectly legal as you can choose option "C" and quit working there. You are working there voluntarily and agree to their policies in keeping said employment.

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Specializes in OR, Nursing Professional Development.

It can, and it has. There was a long thread (maybe in the pandemic/flu forum?) about a pregnant nurse who refused to get a flu shot per her facility's policy. She was indeed terminated, and I have not heard anything about a lawsuit being filed, let alone successful. Pennsylvania is an at will state, and as such:

Since 1891, Pennsylvania has subscribed to the theory of employment at will. Thus, as the court noted in Stumpp v. Stroudsburg Municipal Authority 540 Pa. 391, 396 (1995), "as a general rule, employees are at-will, absent a contract, and may be terminated at any time, for any reason or for no reason." - See more at: Employment at Will in Pennsylvania: The Basics - FindLaw

The facility wouldn't really need to identify a reason, but most likely failure to meet requirements for employment or refusal to follow policy. Perfectly legal, as those who refuse to get a flu shot (or in the case of masks being permitted refuse to wear a mask) are not a protected class.

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Mine mandates it. If you haven't received the shot or filled out the exception form to forego it (and then wear a mask for the season) you are eligible for termination after a certain date.

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Specializes in Dialysis.

Our policy states to get the flu shot, or wear a mask, or you will not be put on the schedule until you comply.

You have a choice!

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Specializes in Psych ICU, addictions.

For my facility, I can get the shot or wear a mask. If I don't get the shot and refuse to wear a mask, I can't work in any patient care area...so unless they find an administrative job for me (and they have absolutely no obligation to do that), I'm stuck with zero hours. I'm also union, and being union doesn't protect me if I refuse to wear the mask.

So I can choose between the shot, the mask, or looking for another job.

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