29/04/2026
FLU VACCINATIONS IN THE WORKPLACE: WHAT EMPLOYERS AND EMPLOYEES SHOULD KNOW
As winter approaches, many Australian workplaces begin reviewing their health and safety measures, including whether staff should be encouraged — or in some cases required — to receive the annual influenza vaccination.
Influenza is more than a seasonal inconvenience. It can cause significant illness, workplace disruption, absenteeism, and increased risk for vulnerable people, including children, older Australians, pregnant women, and people with certain medical conditions. The Australian Government has issued 2026 influenza vaccination advice for health professionals, and ATAGI has also released its 2026 statement on seasonal influenza vaccines.
Can an employer require staff to get a flu vaccination?
The answer depends on the workplace, the employee’s role, the level of risk, and whether the direction is lawful and reasonable.
In some sectors, particularly healthcare, aged care, disability care, childcare, and other roles involving vulnerable people, vaccination requirements may be easier to justify because of the risk of transmission to clients, patients, residents, children, or other vulnerable persons. The Australian Immunisation Handbook provides specific vaccination recommendations for workers at occupational risk, including healthcare and childcare workers.
In NSW Health settings, annual influenza vaccination is mandatory during the influenza season for workers employed in Category A positions, including students, while it remains strongly recommended for all workers.
For other workplaces, a blanket mandatory vaccination policy may be more difficult to justify. Employers should undertake a proper risk assessment before implementing any vaccination requirement.
What should employers consider?
Before requiring influenza vaccination, employers should consider:
1. The nature of the workplace
Is the workplace high-risk? Are employees working with vulnerable people, patients, young children, elderly clients, or immunocompromised persons?
2. The employee’s duties
A direction may be more reasonable for employees in close-contact roles than for employees who work remotely or have limited contact with others.
3. Work health and safety obligations
Employers have a duty to take reasonably practicable steps to provide a safe working environment. This may include infection control measures, policies around illness, hygiene practices, ventilation, working from home arrangements, and vaccination encouragement where appropriate.
4. Medical contraindications and exemptions
Employers should consider whether an employee has a genuine medical reason for not receiving the vaccine. A rigid policy without an exemption process may create legal risk.
5. Consultation and procedural fairness
Employees should be given information about any proposed policy, the reason for it, and an opportunity to raise concerns or provide relevant medical evidence.
6. Privacy obligations
Vaccination status is sensitive health information. Employers should only collect, store and use this information where reasonably necessary and in accordance with privacy obligations.
Can an employee refuse?
An employee may refuse a flu vaccination. However, whether there are consequences will depend on the circumstances.
If the vaccination requirement is lawful and reasonable, and the employee refuses without a valid basis, an employer may be able to take disciplinary action. However, employers should be cautious.
Each case should be assessed individually, particularly where the employee raises medical, disability, pregnancy, religious, or other protected grounds.
The Fair Work Commission has considered vaccination-related disputes in the workplace, including the question of whether directions are lawful and reasonable in the circumstances.
Practical steps for employers
Employers considering a flu vaccination policy should:
• conduct a written risk assessment;
• identify which roles, if any, require vaccination;
• consult with staff before implementing the policy;
• allow employees to raise medical or other legitimate concerns;
• consider alternatives such as masks, remote work, modified duties, or additional hygiene measures;
• keep vaccination information confidential; and
• ensure the policy is proportionate to the actual workplace risk.
Practical steps for employees
Employees who are concerned about a workplace flu vaccination requirement should:
• ask for the policy in writing;
• request the reason for the requirement;
• provide medical evidence if they cannot be vaccinated;
• ask whether alternative arrangements are available; and
• obtain legal advice before refusing a direction, particularly if disciplinary action is threatened.
Flu vaccination policies can be lawful in some workplaces, particularly where there is a genuine health and safety risk. However, employers should avoid a one-size-fits-all approach. A lawful policy should be evidence-based, proportionate, properly communicated, and flexible enough to deal with individual circumstances.
For employees, the key issue is whether the employer’s direction is lawful and reasonable in the particular context. Where there is uncertainty, early legal advice can assist both employers and employees to avoid unnecessary disputes.
