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Trends emerging in vax-refusal case law

In response to workplace vaccination mandates, some employees are trying to "wait out" public health orders and other timeframes using their accrued leave, new cases show.

"People who have been vaccine-hesitant or have an [anti-vaccination] position have sought to take leave – extended leave, leave without pay – in this hope that, at some point, the public health orders will expire and that they can come back to work," King & Wood Mallesons consultant Brett Feltham tells an HR Daily Premium webcast.

This is also a strategy in cases where employees want to receive their choice of vaccine, or wait for further "proof" of vaccines' safety and efficacy.

And it poses a different dilemma for employers, compared to considering vaccination-exemption requests or refusals.

In the excerpt below, Feltham discusses a recent case that features this scenario...

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