Should employers encourage employees to obtain seasonal flu vaccines and offer them in the workplace?

Yes -- although a seasonal flu vaccine won't protect against a newly emergent pandemic influenza, flu shots can help individuals stay healthy.  Providing employees with educational information on the benefits of flu vaccines and posting this information in the workplace will also serve as a reminder to employees to get their shots.  Employers should keep track of annual influenza vaccinations for employees to determine the overall health status of their workforce.  Under the Americans with Disabilities Act¹ (ADA) employers are required to keep employees’ medical information confidential (i.e., maintained on a separate form and in a separate medical file).

Employers that wish to offer flu vaccinations in the workplace may do so as an employee health program under the ADA.  Employee health programs must be offered on a voluntary basis.

Note: As an overall matter, employers should be guided in their relationship with their employees by federal, state, and local employment law, and by the company-specific application of these laws as reflected in employee handbooks, manuals, and contracts (including bargaining agreements).

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Last Reviewed: 08/31/2011

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