ALBANY, N.Y. (AP/ 1010 WINS) -- New York's second-largest public employee union won a temporary restraining order Friday blocking mandatory flu vaccinations for health care workers.
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The order came as the Public Employees Federation sued to reverse a policy requiring vaccination against the seasonal and swine flu viruses, arguing that state Health Commissioner Richard Daines overstepped his authority.
The health department said the workers must be vaccinated by November 30 or face possible disciplinary action, including dismissal. PEF said it encourages members to get flu vaccinations, but opposes the emergency regulation requiring the vaccine as a condition of employment.
A judge granted a temporary restraining order Friday morning, PEF spokeswoman Debbie Miles said. A court hearing is scheduled for October 30.
Two similar lawsuits, one filed on behalf of a group of nurses and another filed by the New York State United Teachers, were also granted temporary restraining orders against the mandate Friday.
"In two weeks, the department intends to vigorously defend this lawsuit on its merits and we are confident that the regulation will be upheld,'' health department spokeswoman Claire Pospisil said in a statement Friday. ``The health commissioner and the State Hospital Review and Planning Council have clear legal authority to promulgate the mandatory regulation.''
Union officials argued that the regulation, if deemed necessary, should have come from the Legislature and not from the health department.
"This is about our right to make a choice,'' said Doris Dodson, chairman of the PEF Nurses Committee and a registered nurse. "Why do certain health care workers have fewer rights than everyone else? Vaccination for influenza should be voluntary with emphasis on educational campaigns.''
The union, which represents about 59,000 state employees, said some 5,000 are covered by the emergency regulations.
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