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Federal Court Ruling on Vaccine Mandate for Religious Exemptions

On Friday, the Second Circuit Court of Appeals vacated the temporary injunction that allowed religious exemptions, which means that New York State healthcare workers will no longer be able to claim a religious exemption to the COVID-19 vaccine. Upon consultation with General Counsel, NYSHFA|NYSCAL is providing the following in the absence of any guidance by the DOH for your consideration. It is advised that you consult with your counsel on this matter prior to implementation.

For those staff who previously claimed a religious exemption, the facility may (upon further discussion internally and with their legal team) do one of the following:

  1. Terminate employment;
  2. Place the employee on unpaid leave; or
  3. Enact disciplinary suspension.

NYSHFA/NYSCAL CONTACTS:

Lisa Volk, RN, B.P.S., LNHA
Director, Clinical & Quality Services
518-462-4800 x15

Tarrah Quinlan, RN, BSN
Director of Education Program Development and Member Operations
518-462-4800 x20