October signals the beginning of flu season.  According to the Centers for Disease Control and Prevention (“CDC”), flu activity in the United States can begin as early as October and continue to occur as late as May, most commonly peaking in January or February.  The CDC reports that approximately 5 to 20 percent of people get the flu each year.  Unsurprisingly, an outbreak of the flu can lead to widespread absenteeism and can significantly impact an employer’s operations.  To minimize the potential impact, employers often implement mandatory flu vaccination policies.  As the peak of this year’s flu season approaches, employers should consider the following legal hurdles to implementing a mandatory flu vaccination policy.

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