Question: Can we require our employees to get flu shots?

Answer: While there is no law that prohibits employers from mandating flu shots — and in some states, the law requires all healthcare workers to get flu shots — you should carefully determine if the benefits to your business outweigh the risks. There has been a rise in litigation brought by employees who object to this requirement for medical, religious or personal reasons. The Equal Employment Opportunity Commission (EEOC) has filed or joined several lawsuits over claims that inflexible mandatory vaccination policies are discriminatory.

Employees may be entitled to exemptions from a flu shot policy for medical reasons under the Americans with Disabilities Act (ADA) or religious reasons under Title VII of the Civil Rights Act of 1964. Requests for exemptions must be evaluated individually yet treated consistently, a difficult task. You will need to engage in an interactive process with the employee, just as you would for any other request for accommodations, to determine if they can be granted without presenting undue hardship to your company.

The EEOC recommends against mandatory flu shot policies, instead suggesting employers encourage employees get vaccinated on their own. Offering no-cost flu shots on site can further improve workplace vaccination rates by making it more convenient for employees.

If you choose to enact a mandatory flu shot policy, write it carefully to protect your company from the risk of discrimination claims and be sure to run it by your legal counsel. Make sure the policy:

• Is worded concisely.
• Outlines the reasoning behind the policy.
• Is applied consistently. (Managers who enforce it should be trained on the policy and how to handle requests for exemptions.)
• Explains the process for requesting exemptions due to medical contraindications or sincerely held religious beliefs. Any medical information obtained as part of the request for an exemption should be kept confidential.

Question: If a new hire volunteers information about medical issues, can the employer ask for a doctor’s fit-for-duty certification?

Answer:  Exercise caution in requesting medical documentation from applicants or employees, unless the applicant or employee is specifically requesting some form of accommodation in order to do his/her job or the employer has directly observed or has evidence that the employee is having difficulty in the job due to some type of limitation. If the employee discloses the information in the interview and/or onboarding process without a request for accommodation, we recommend the interviewer ask the employee if accommodation is requested. If not, then we recommend moving the conversation on to the bona fide requirements of the job. An employer should consider the following questions before requesting a fitness- for-duty medical certification:

Did the applicant or employee ask for an accommodation? If so, then requesting medical certification and suggestions in order to aid the applicant/employee may be appropriate. Does the employer request this information for all employees/applicants for the same position? If the employer is considering asking for medical certification based upon the new hire’s health disclosure AND the new hire is not requesting any form of accommodation in order to do the job, then we recommend NOT asking for that medical certification unless the employer asks for it for all new hires in that position on a routine basis.

From a practical perspective, an employer should gather medical information only if there are concerns about the employee’s ability to perform the essential functions of the job, considering any physical or mental limitations. An employer should request and consider only the information that is “job related and consistent with business necessity”. Here are a few scenarios where requesting a medical fitness for duty certification may be appropriate:

• The employee has admitted that his medical condition may be linked to performance problems and has requested assistance (i.e. his medications are making him forgetful, he is not taking the medications because they make him dizzy and he needs to work in high places, etc);
• The employer has knowledge that an employee’s medical condition may potentially pose a safety or health hazard to himself or others (i.e. an employee with seizures driving a delivery truck);
• The employer directly observes severe symptoms that indicate that there is a medical condition that impairs performance or could be a threat to the health and safety of the employee or others.

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People get addicted to all sorts of things that aren’t good for them: smoking, drinking, drugs, food. You don’t even need to like something to form an addiction to it—you just need to experience it consistently enough that it becomes your “normal”. We all stress at some point or another and that’s never going to change—it’s just a part of life.

Work related stress somehow makes us feel accomplished and successful. Without the daily rush of adrenaline created by stress, we don’t quite feel like we’ve done enough. This work style has reached epidemic proportions and we don’t need a study to see that. Just listen to the conversations that are happening in your day-to-day surroundings.

If you can answer yes to more than one of the following questions, you are likely addicted to stress and in need of some thoughtful change:

1. Do you thrive better under pressure?
2. Is all your time consumed with tasks?
3. Do you find yourself complaining a lot?
4. Do you move on autopilot from one activity to another?
5. Do you find it difficult to turn your brain off when it’s time for bed?

While you are likely doing a fabulous job at getting all the things done that need to be done, the long-term side-effects that unmanaged stress can have on your health can be quite dangerous. The body reacts similarly to stress as it does to drugs and have been shown to have such side effects as elevated blood pressure, increased heart rate, migraines, depression and even loss of brain cells. Unmanaged stress has also been linked to a higher risk of cancer and heart disease—ultimately taking years off our lives. Whatever we experience in our minds eventually manifests itself in the body so it’s important to recognize when you are feeling stressed and make positive changes to ensure you don’t cause yourself long-term health issues.  

As with any addiction, the first step in recovery is recognizing that you are addicted. Most addicts know the consequences of their behaviors but simply can’t bring themselves to come down from the adrenaline rush. Many of us thrive on stress—the crunch of a deadline, the nonstop emails that hit our inbox, the countless meetings to prepare for, the list goes on and on. We convince ourselves that with such busy schedules and extreme workloads that there’s no way we can succeed if we slow down. One of the challenges in stress management is fighting our tendency to be pulled back into the adrenaline rush but the good news is that there are ways to break this unhealthy cycle once and for all. Techniques such as deep breathing, meditation, taking a walk, yoga and massage have all been shown to be quiet effective when done regularly.

Work addiction, often called workaholism, is a real problem and like any other addiction hard to break but if you commit to breaking your addiction to stress at work and take the time to appreciate what you’re working so hard to accomplish, you’ll be more focused, more creative and more productive.