SHARE has met with Human Resources several times to discuss the new mandatory flu vaccine. (See Flu Vaccine: SHARE Questions and Answers, Part 1, about SHARE’s meeting with the Infectious Disease doctors for their answers to those questions.) SHARE’s main issues for HR are:
1. Flu vaccine for SHARE members working from home
HR says that any SHARE member who comes into a UMass Memorial workplace for even one day during flu season needs to get a flu vaccine. Since work-from-home agreements say that employees must be able to come to work on two-hours notice, management’s position is that SHARE members who work from home must get the flu vaccine.
Departments such as billing are offering flu vaccines at work, on work time, for SHARE members who want them. You can also get a vaccine at your doctor’s office or a CVS and send the documentation to Employee Health.
We don’t know how actively HR and managers of SHARE members who work from home are going to pursue following up with every work-from-home SHARE member to make sure they get the flu vaccine.
2. Exemptions from the flu vaccine: Religious or Medical
The hospital’s FAQ about the new flu vaccine policy has a lot of information about exemptions from the mandatory flu vaccine for medical or religious reasons. The form to request a medical exemption should be turned into Employee Health. The form to request a religious exemption should be turned into your HR Business Partner, who then forwards it to the Office of the General Counsel for review. HR says that in both cases, the forms will be reviewed and the employee will be informed afterwards whether they are granted an exemption or not.
3. What happens if a SHARE member refuses to get the flu vaccine?
Progressive Discipline: If a SHARE member does not have an approved exemption, and they do not get the flu vaccine, HR says that they will be disciplined. HR and SHARE have agreed that any discipline about a SHARE member who does not get the flu shot will follow the disciplinary steps in the SHARE-UMass Memorial contract: Documented Counseling, Verbal Warning, Written Warning, Final Written Warning, and Termination. SHARE and HR are still discussing whether the hospital would actually terminate someone for not getting the flu shot. At the moment, they are not ruling out that an employee could be fired for not getting the flu vaccine.
Each step of the disciplinary process involves a meeting with the SHARE member and HR, possibly the member’s manager, and a SHARE Rep if the member wants one. SHARE and HR have agreed that we will take a case management problem-solving approach: Listening to the member, trying to understand the problem and find a solution.
4. Can a union stop management from disciplining members who don’t get the flu vaccine?
The MNA at the Brigham lost a court case saying said that management didn’t have the right to force employees to get a flu vaccine, and the Brigham has since terminated employees who didn’t get the vaccine. Since then, the Governor has mandated flu vaccines for public school students, and teachers and employees in long-term care, which makes this an even more difficult issue.
SHARE does not want to see anyone lose their job over the flu vaccine. Neither does the hospital. We are all hoping that we can find a solution in each case. However, to date, UMass Memorial continues to maintain their right to terminate.