Common use of Influenza Vaccine Clause in Contracts

Influenza Vaccine. Upon recommendation of the Medical Officer of Health, all Employees shall be required, on an annual basis to be vaccinated and or to take antiviral medication for influenza. If the costs of such vaccination is not covered by some other sources, the Employer will pay the cost for the vaccination only. Where the vaccination is medically contra-indicated, and where a medical certificate is provided to this effect, costs for the antiviral medication will be paid for by the employer, if not covered by another source. If the Employee fails to take the required medication, she may be placed on an unpaid leave of absence during any influenza outbreak in the home until such time as the Employee has been cleared by the public health or the employer to return to the work environment. The only exception to this would be Employees for whom taking the medication will result in the Employee being physically ill to the extent that she cannot attend work. Upon written direction from the Employee’s physician of such medical condition in consultation with the Employer’s physician, (if requested), the Employee will be permitted to access their sick bank, if any, during any outbreak period. If there is a dispute between the physicians, the Employee will be placed on unpaid leave. If the Employee gets sick as a reaction to the drug and applies for WSIB, the Employer will not oppose the application. If an Employee is pregnant and her physician believes the pregnancy could be in jeopardy as a result of the influenza inoculation and/or the antiviral medication she shall be eligible for sick leave in circumstances where she is not allowed to attend at work as a result of an outbreak. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code.