Employer-required vaccines

[Guest guest]

In most states, there are no state exemption laws for employer-required

vaccines, so you have to deal with them under federal law. The requirements are

usually a matter of company policy (though some states require healthcare

employee vaccines). This occurs most often with hospital employees, but other

employers are starting to require vaccines for employees as well--the trend is

rather disturbing.

Federal law requires employers to " reasonably accommodate " their employees'

religious beliefs. So, the first step is to find out what your employer's policy

is on religious exemptions for employees. In the meantime, please note that what

qualifies for a religious exemption is really broad--virtually anyone who is not

an atheist can potentially qualify, but there are also legal pitfalls to avoid,

so it's wise to get reliable information about what does and doesn't qualify

before requesting an exemption.

In my experience, most hospitals fall into one of three different categories: 1)

No religious exemption policy; 2) restrictive religious exemption policy (e.g.,

require letter from a religious leader), or 3) non-restrictive religious

exemption policy, where they ask only for your beliefs in writing. With

categories 1) and 2), you may need a letter from an attorney explaining the law,

since you have, arguably, a legal right that they are denying, and you will

probably not be able to " put the ball in their court " on your own (these letters

typically run 3-4 pages and cite fed statutes and legal precedent). With all

categories, consulting an experienced attorney is advised with regard to writing

your " statement of religious beliefs " opposed to immunizations, as these beliefs

will almost certainly be scrutinized, and there are legal pitfalls to avoid.

Unfortunately, what most people think does or should qualify for a religious

exemption turns out to include things that can cost you the exemption. This is

an area of the law that is not entirely consistent with a " common sense "

approach.

Unfortunately, a minority of employers take a hard line against all vaccine

exemptions, saying, in effect, " so sue me " if you think you have a legal right.

But most will accommodate their employees' religious beliefs. Usually, it's the

ones that refuse to recognize any religious exemption right at all that are the

most difficult to deal with. If you have one of those employers, there's a good

chance you'll end up having to decide whether or not to sue. But most of my

healthcare employee-clients have been successful in avoiding workplace vaccines.

There are a few arenas where you really should hire an attorney, if the

exemption is really important and you want to maximize your chance for success.

This includes the military, immigration, healthcare employees, and any state

school exemptions that require you to state your religious beliefs opposed to

immunizations where the law allows authorities to scrutinize exemption

claims--because of the pitfalls referred to above.

Many anti-vaccine websites provide sample affidavits, forms, letters,

statements, etc. These may work where the authorities have no ability to

scrutinize your exemption claim, as is the case with some state school

exemptions. But there's legal precedent that says a copied statement is

" insincere " and therefore can be rejected, so there is no formula--no form,

affidavit, etc., no " one size fits all " with true religious exemptions where the

exemption can be scrutinized. Sadly, some people have lost exemption rights by

relying on anti-vaccine websites or by approaching it on their own (and this

includes employees). Anti-vaccine websites certainly mean well, and I certainly

mean no disrespect (they are my peers in raising vaccine awareness), but the law

is more complicated than they understand.

If it's really important--like anything else in life--it's wise to consult an

expert to get it right the first time and avoid unnecessary complications. You

can't unring the bell, as the saying goes--you're not likely to succeed, after

first being rejected, if the only thing you have to come back with is,

" Oops--what I really meant to say was... "

I've developed guidelines that have helped hundreds of people and families

around the U.S. successfully avoid vaccines in over a dozen different exemption

contexts. It's not a lucrative practice area--there are a lot of things I could

do with a law license to make a lot more money--but I'm driven by my ideals, and

am here to help.

Alan , Attorney at Law

www.vaccinerights.com

[Guest guest]

In most states, there are no state exemption laws for employer-required

vaccines, so you have to deal with them under federal law. The requirements are

usually a matter of company policy (though some states require healthcare

employee vaccines). This occurs most often with hospital employees, but other

employers are starting to require vaccines for employees as well--the trend is

rather disturbing.

Federal law requires employers to " reasonably accommodate " their employees'

religious beliefs. So, the first step is to find out what your employer's policy

is on religious exemptions for employees. In the meantime, please note that what

qualifies for a religious exemption is really broad--virtually anyone who is not

an atheist can potentially qualify, but there are also legal pitfalls to avoid,

so it's wise to get reliable information about what does and doesn't qualify

before requesting an exemption.

In my experience, most hospitals fall into one of three different categories: 1)

No religious exemption policy; 2) restrictive religious exemption policy (e.g.,

require letter from a religious leader), or 3) non-restrictive religious

exemption policy, where they ask only for your beliefs in writing. With

categories 1) and 2), you may need a letter from an attorney explaining the law,

since you have, arguably, a legal right that they are denying, and you will

probably not be able to " put the ball in their court " on your own (these letters

typically run 3-4 pages and cite fed statutes and legal precedent). With all

categories, consulting an experienced attorney is advised with regard to writing

your " statement of religious beliefs " opposed to immunizations, as these beliefs

will almost certainly be scrutinized, and there are legal pitfalls to avoid.

Unfortunately, what most people think does or should qualify for a religious

exemption turns out to include things that can cost you the exemption. This is

an area of the law that is not entirely consistent with a " common sense "

approach.

Unfortunately, a minority of employers take a hard line against all vaccine

exemptions, saying, in effect, " so sue me " if you think you have a legal right.

But most will accommodate their employees' religious beliefs. Usually, it's the

ones that refuse to recognize any religious exemption right at all that are the

most difficult to deal with. If you have one of those employers, there's a good

chance you'll end up having to decide whether or not to sue. But most of my

healthcare employee-clients have been successful in avoiding workplace vaccines.

There are a few arenas where you really should hire an attorney, if the

exemption is really important and you want to maximize your chance for success.

This includes the military, immigration, healthcare employees, and any state

school exemptions that require you to state your religious beliefs opposed to

immunizations where the law allows authorities to scrutinize exemption

claims--because of the pitfalls referred to above.

Many anti-vaccine websites provide sample affidavits, forms, letters,

statements, etc. These may work where the authorities have no ability to

scrutinize your exemption claim, as is the case with some state school

exemptions. But there's legal precedent that says a copied statement is

" insincere " and therefore can be rejected, so there is no formula--no form,

affidavit, etc., no " one size fits all " with true religious exemptions where the

exemption can be scrutinized. Sadly, some people have lost exemption rights by

relying on anti-vaccine websites or by approaching it on their own (and this

includes employees). Anti-vaccine websites certainly mean well, and I certainly

mean no disrespect (they are my peers in raising vaccine awareness), but the law

is more complicated than they understand.

If it's really important--like anything else in life--it's wise to consult an

expert to get it right the first time and avoid unnecessary complications. You

can't unring the bell, as the saying goes--you're not likely to succeed, after

first being rejected, if the only thing you have to come back with is,

" Oops--what I really meant to say was... "

I've developed guidelines that have helped hundreds of people and families

around the U.S. successfully avoid vaccines in over a dozen different exemption

contexts. It's not a lucrative practice area--there are a lot of things I could

do with a law license to make a lot more money--but I'm driven by my ideals, and

am here to help.

Alan , Attorney at Law

www.vaccinerights.com