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Can You Be Forced to Take The H1N1 Vaccine?

New Challenges Pose New Questions for First Responders

Brett Brett is a firefighter/paramedic on a suburban Chicago fire department. He normally doesn’t get the regular flu shot because he feels it makes him sick. To date, Brett has yet to decide if he should get the H1N1 flu vaccine being offered up this month.

With all the H1N1 press lately, Brett has some new-found concerns. Many of them affect each of us employed as first responders:

1. Can Brett’s employer force him to take the vaccine- in other words- is there a point where his employer can dictate Brett’s personal healthcare decisions?

2. If Brett refuses, might he face disciplinary consequences up to and including termination?

3. Will Brett’s employer-provided insurance carrier have a say as well?

4. What happens if Brett refuses the vaccine and gets sick on the job?

5. Will worker’s compensation be available to him if he refuses the vaccine??

6. What liabilities do Brett and his employer accept should he contract the H1N1 flu?

7. What happens if Brett contracts the virus and passes it on to his co-workers or patients?

H1N1 globe mask Another interesting aspect to the story is there is nothing to fall back on in the area of precedence.  These are new times full of new challenges.  It’s possible that Brett’s employer doesn’t yet have the answers to these questions and will have to make some decisions soon to enact the next time around.  The way his agency handles these situations may be quite different than the way yours does.

There will invariably be a labor-management aspect which will have to be reconciled as well.  Freedoms that Brett may enjoy under his current contract may have to be negotiated the next time around.

So many questions, so little time.

-J

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Posted in Change, EMS, Firefighters

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