By Jim Scott
DNAinfo Associate Editor
MANHATTAN — A State Supreme Court judge ordered a temporary restraining order to block mandated flu vaccinations for New York State health care workers.
The Public Employees Federation successfully sued to reverse a policy requiring vaccination against the seasonal and swine flu viruses. The workers union argued that state Health Commissioner Richard Daines overstepped his authority, the Associated Press reported.
“This is about our right to make a choice,” said Doris Dodson, chairman of the PEF Nurses Committee and a registered nurse.
The health department said the workers must be vaccinated by November 30 or face possible disciplinary action, including dismissal.
The temporary restraining order is in effect until the next court hearing on Oct. 30.
"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.
The PEF union represents about 59,000 state employees.
