Covid-19 vaccination and employment
2 March 2021
The past few months have been an uncertain times for New Zealanders, as community cases of COVID-19 have been detected in Auckland, and short lockdowns have been reintroduced.
Fortunately, there is light at the end of the tunnel as the Covid vaccination programme has begun. Many employers are beginning to think about what the vaccinations might mean from an employment perspective.
The first point to note is that vaccination is a form of medical treatment, and the recipient of the vaccine needs to give informed consent to the procedure under the New Zealand Bill of Rights Act. This means that employers can’t make vaccinations mandatory for their employees, unless there is a change in the law.
Complicating matters, employers also need to do everything that is reasonably practicable to provide a safe and healthy working environment for their employees. In certain sectors, non-vaccination creates a genuine and significant health and safety risk that you may not be able to reasonably manage.
Problems arise if an employee refuses to get vaccinated or has not yet been vaccinated. One way around this impasse between their rights and your duties under health and safety legislation is to make changes to the employee’s duties for health and safety reasons. In consultation with your employee, you would need to investigate other options for them to carry out their duties, for example by asking them to work from home; to work in another area of the practice; or to find them alternative duties for a defined period.
For new employees in health practices, you may be able to make vaccination or proof of vaccination a pre-requisite of being employed, except when doing so would breach discrimination rules under the Human Rights Act. Exceptions would include where an employee’s religious beliefs or a medical condition prevented them from being vaccinated.
This is not an option for current employees, since being vaccinated is presumably not a condition of their employment. For these employees, you would need to negotiate with them about the vaccination in good faith.
Employers would need to show why the employee needs to be vaccinated, rather than simply requiring them to use personal protection equipment (PPE) or take alternative measures. After all, these measures have been very successful in preventing the spread of the virus over the past 12 months, so it would be arguable that a vaccination was not necessary.
The requirement to be vaccinated may be seen as a ’fair and reasonable’ direction for front line staff and if an employee declines, you would need to look a redeployment or other management options.
In most health settings, there will be policies that require employees to be vaccinated for Hepatitis B, MMR and Flu, so it may be reasonable to expect that the policy could be extended to include the Covid-19 after consultation with staff.
Other recent articles
10 June 2026
Privacy updates and training
Due to recent changes, this month we wish to remind you of the update to the Privacy Act 2020 with a new principle called the Information Privacy Principle 3A (IPP3A). For practices’, the new principle means there are additional notification obligations when receiving personal information about a patient from a third party. Under IPP3A, if your practice receives patient information from another provider (such as a lab, hospital, specialist, pharmacy or ACC), you must take reasonable steps to let the patient know their information has been collected. This change applies to any information collected on or after 1st May 2026.
15 May 2026
Welcome Winter!
Winter is on the way, and with it usually comes the usual run of coughs, colds, and other bugs. Most practices will already have their usual measures in place but now is a good time to reinforce the basics and lead by example, particularly when it comes to staying home if you’re unwell. It is also a good time to check that expectations around leave, sick leave and wellbeing are clear heading into winter.
16 April 2026
Easing fuel and living-cost pressures, in practice
While we cannot control the wider economic environment, making clear, practical decisions in response to the current economic pressures can ease the load on our practice and our staff. Rising fuel prices and the broader cost-of-living pressure are not only having financial implications, they are also impacting how we feel about normal day-to-day ‘necessities’, which may be affecting stress levels and causing rising anxiety for some. It is important to focus on what we can change – how we can make small adjustments to support staff, reduce avoidable stress and keep the practice functioning well. own.
Join other practices already using HealthyPractice.
Register now