COVID-19 vaccinations: workplace rights and obligations

Published 9 April 2021 | Updated 10 March 2023

Vaccinations continue to be an important part of Australia’s COVID-19 strategy.

When managing vaccination issues at work, employers and employees are encouraged to work together to find solutions that suit their individual needs and workplaces. 

As COVID-19 continues to affect workplaces, employers can support employees by:

  • giving employees leave or paid time off to get a vaccination
  • helping to ensure employees have access to reliable and up-to-date information about vaccination – visit the Department of Health’s website to Department of Health – Approved COVID-19 vaccines
  • where employees choose not to be vaccinated or aren’t able to be vaccinated, exploring other options including alternative work arrangements.

In some cases, employers may be able to require their employees to be vaccinated against COVID-19, including by providing a lawful and reasonable direction or where a specific law (such as a public health order) requires it.

State and territory governments have issued public health orders and directions requiring certain workers to be vaccinated against COVID-19 in their state or territory. Some public health orders that were in place have now ended. You can find more information about public health orders and directions at Orders and directions during coronavirus. 

Employers should get legal advice if they’re considering requiring COVID-19 vaccinations in their workplace.

Find more information about these topics below.

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In this section:

Requiring employees to be vaccinated

Can an employer require an employee to be vaccinated?

Employers can only require their employees to be vaccinated where:

  • a specific law (such as a state or territory public health order) requires it
  • the requirement is permitted by an enterprise agreement, other registered agreement or employment contract, or
  • they give their employees a lawful and reasonable direction to be vaccinated – whether a direction is lawful and reasonable is assessed on a case-by-case basis.

One or more of these circumstances can apply. 

Employers should also consider how protections for employees under anti-discrimination laws may apply. Learn more at How does a requirement to be vaccinated interact with anti-discrimination laws?

An employer may in certain circumstances be required to direct employees to get vaccinated to comply with obligations under a work health and safety (WHS) law. Information on:

Employers should get their own legal advice if they’re considering requiring vaccinations in their workplace.

Legislation and public health orders

During the pandemic, states and territories have issued public health orders and directions requiring certain workers to be vaccinated against COVID-19.  

Some public health orders and directions have since stopped applying, while others may still apply in some locations. See what applies in your state or territory by accessing public health order information from our Orders and directions during coronavirus page.

Agreements or contracts

Some employment contracts or agreements may have terms relating to vaccinations, including COVID-19 vaccinations. Check to see if any terms apply to COVID-19 vaccinations (for example, a term relating only to flu vaccinations won’t apply to COVID-19 vaccinations).

Employers can include a term in employment contracts for new employees relating to COVID-19 vaccinations. Find out more at Can an employer require a prospective employee to be vaccinated before starting work?

Even where a contract or an agreement has a term about COVID-19 vaccinations, consider whether the term complies with anti-discrimination laws. A term that is inconsistent with anti-discrimination laws won’t apply. Find out more at How does a requirement to be vaccinated interact with anti-discrimination laws?

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Lawful and reasonable directions

An employer may still be able to give their employee a lawful and reasonable direction to get vaccinated, even if there is no public health order, agreement or contract with terms about COVID-19 vaccination that applies.

Whether a direction is lawful and reasonable depends on the facts of the individual situation and needs to be assessed on a case-by-case basis. Just because it may be lawful and reasonable to give a direction to one employee, that doesn’t mean it will automatically be lawful and reasonable to give the same direction to another employee or to all employees.

The direction needs to be lawful and reasonable.

For a direction to be lawful, it needs to comply with any:

  • employment contract, award or agreement terms
  • Commonwealth, state or territory law that applies (for example, an anti-discrimination law).

There are a range of factors that may be relevant when determining whether a direction to an employee to be vaccinated against COVID-19 is reasonable. Things to consider include:

  • the terms of any  public health orders in place where the workplace is located – find public health order information from Orders and directions during coronavirus 
  • WHS obligations – find out more at Safe Work Australia
  • the nature of each workplace (for example, the extent to which employees need to work in public facing roles and whether social distancing is possible)
  • the extent of community transmission of COVID-19 in the location where the direction is to be given, including the risk of transmission of variants of concern among employees, customers or other members of the community
  • the effectiveness of vaccines in reducing the risk of transmission or serious illness
  • the availability and effectiveness of other control measures in the workplace (for example, physical distancing, limitations on visitors, ventilation, mask-wearing and testing)
  • each employee’s circumstances, including their duties and the risks associated with their work
  • whether employees have a legitimate reason for not being vaccinated (for example, a medical reason)
  • the availability of vaccines.

To assist in assessing whether directing an employee to be vaccinated against COVID-19 is reasonable, it may be helpful as a general guide to divide work into 4 broad tiers:

Tier 1 work

This is where employees are required as part of their duties to interact with people with an increased risk of being infected with COVID-19. For example, employees working in hospital wards with COVID-19 patients..

Tier 2 work

This is where employees are required to have close contact with people who are particularly vulnerable to the health impacts of COVID-19. For example, employees working in health care or aged care.

Tier 3 work

This is where there is interaction or likely interaction between employees and other people in the normal course of employment. For example, with customers, other employees or the public.

Tier 4 work

This is where employees have minimal face-to-face interaction as part of their normal employment duties. For example, where they are working from home.

About the tiers

A workplace may have a mix of employees with different employees performing work in different tiers, all of which could change over time.

An employer’s direction to employees performing Tier 1 or Tier 2 work is more likely to be reasonable. This is because of the increased risk of: 

  • employees being infected with COVID-19, or 
  • giving COVID-19 to a person who is particularly vulnerable to the health impacts of COVID-19.

The circumstances in which it would be more likely to be reasonable to direct employees performing Tier 3 work to receive a vaccination may include where:

  • there is a significantly increased level of transmission of COVID-19 where the employee is located as compared to the community more generally
  • and the employee is attending the workplace to perform their role.

An employer’s direction to employees performing Tier 4 work is unlikely to be reasonable. This is because of the limited risk of transmission of COVID-19.

Regardless of the tier or tiers which may apply to work performed by employees, the question of whether a direction is reasonable will always be fact dependent and needs to be assessed on a case-by-case basis. This will require consideration of all relevant factors applicable to the workplace, the employees and the nature of the work that they perform. Employers should get their own legal advice if they’re considering requiring COVID-19 vaccinations in their workplace.

If employers are considering requiring COVID-19 vaccinations in their workplace, it’s also important to check what consultation requirements apply. This includes consultation requirements under WHS laws and under any relevant workplace instruments such as an award or enterprise agreement. A direction to an employee to be vaccinated may not be lawful and reasonable if the employer hasn’t complied with their consultation obligations.

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How does a requirement to be vaccinated interact with anti-discrimination laws?

It’s important that employers consider their obligations and responsibilities under anti-discrimination laws. This is because these laws generally prohibit discrimination against employees in the workplace based on protected characteristics, such as disability.

Before requiring employees to be vaccinated, employers need to consider:

  • Commonwealth, state or territory discrimination laws
  • general protections provisions under the Fair Work Act.

Find out more about COVID-19 vaccinations and anti-discrimination laws in Australia at the Australian Human Rights Commission.

Get more information on discrimination protections under the Fair Work Act at Protection from discrimination at work.

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Can an employer require a prospective employee to be vaccinated before starting work?

An employer may be able to require a prospective employee to be vaccinated against COVID-19.

Before they do, employers should consider their obligations and responsibilities carefully. For example, under general protections or anti-discrimination laws.

Find out more about COVID-19 vaccinations and anti-discrimination laws in Australia at the Australian Human Rights Commission.

Get more information on discrimination protections under the Fair Work Act at Protection from discrimination at work.

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Refusing directions to be vaccinated

Can an employee refuse to be vaccinated?

Some employees may have questions or concerns about getting vaccinated. You can:

If an employee refuses to be vaccinated and they are required to (see Requiring employees to be vaccinated), an employer should, as a first step, ask the employee to explain their reasons. An employee may have a legitimate reason for not being vaccinated. For example, the employee could have an existing medical condition that means vaccination is not recommended for them.

If the employee gives a legitimate reason for not being vaccinated, the employee and their employer should discuss whether there are any other options available instead of vaccination. This could include alternative work arrangements, such as asking the employee to perform different duties or to work from home. Find out more at Alternative work arrangements.

Further guidance on resolving workplace issues can be found at:

Where an employee has a reason for not getting vaccinated, an employer may be able to request evidence of the reason for their refusal. Find out more at If an employee refuses to be vaccinated, can an employer require evidence about why they’ve refused?

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Can an employer take disciplinary action if an employee refuses to get vaccinated?

If an employee refuses to be vaccinated and they are required to (see Requiring employees to be vaccinated), and the employee doesn’t have a legitimate reason for not being vaccinated, an employer may be able to take disciplinary action. This includes termination of employment.

Whether an employer can take disciplinary action will depend on the circumstances. Employers should also consider the terms, obligations and rights under any applicable:

If an employee refuses to be vaccinated (even if they are required to by a public health order), it’s unlikely that the employer can 'stand down' the employee under the Fair Work Act. A ‘stand down’ has a specific meaning and purpose and there are only a few reasons an employer can stand down employees under the Fair Work Act. For example, because of industrial action or a stoppage of work outside the employer’s control. Awards, agreements or contracts may have other terms (with different rules) on standing down employees. Learn more about standing down employees at Stand downs.

If an employee can’t attend work because there is a public health order requiring them to be vaccinated and they’re not, and they can’t work from home, then the employer doesn’t have to pay the employee. This applies unless the employer agrees to the employee taking paid leave such as annual leave or long service leave. For public health order information and who to contact to find out if they apply, see Orders and directions during coronavirus.

There may also be circumstances where employees may request to take unpaid leave. Employers should check the relevant award, agreement, contract and any workplace policy that applies for any specific conditions or entitlements the employee may have. Employers can also always agree to give an employee unpaid leave, if they choose.

If an employee refuses to be vaccinated and the employer suspends the employee for disciplinary reasons, the employee generally has to be paid unless an enterprise or other registered agreement, award or employment contract allows them to be suspended without pay.

Employers should make sure that they follow a fair process and have a valid reason for suspending or ending employment. This is because they may breach unfair dismissal or adverse action laws under the Fair Work Act.

Employers should also consider getting legal advice in these situations.

Find more information, see:

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If an employee refuses to be vaccinated, can an employer require evidence?

If an employee refuses to be vaccinated and they are required to be (see Requiring employees to be vaccinated), an employer can ask an employee to provide evidence of the reason the employee has refused to comply.

This evidence may include sensitive information that raises privacy requirements or concerns. More information about workplace privacy is available at:

In some circumstances, there might be limits under anti-discrimination legislation on the type of evidence that can be requested. For more information, see the Australian Human Rights Commission.

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Managing vaccinations in the workplace

Do employees have to be paid for the time to get vaccinated against COVID-19?

Where an employer can require an employee to be vaccinated against COVID-19 (for example, because of a lawful and reasonable direction), the employer should:

  • cover the employee’s travel costs
  • give the employee time off work without loss of pay if the appointment is during work hours.

Employers should consider any applicable awards, agreements, employment contracts or workplace policies. This is because they may include rules about these types of issues.

Even where an employer doesn’t require their employees to be vaccinated against COVID-19, they can still discuss:

  • work adjustments
  • leave arrangements
  • incentives with their employees to support them getting vaccinated.

These arrangements could include:

  • requesting and taking leave
  • starting work later or finishing early – to help employees to attend a vaccination appointment around work hours
  • working from home – to help an employee attend a local vaccination appointment
  • providing paid time off for their employees to get vaccinated.

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Can an employee take sick leave to get vaccinated against COVID-19?

Employees can’t usually take sick leave to get vaccinated against COVID-19. This is because sick leave under the National Employment Standards is only available when an employee is unfit for work because of an illness or injury.

Employers and employees should check any award, enterprise or other registered agreement, employment contract or workplace policy that applies to see if any extra rules apply for using sick leave.

For more information about when sick and carer’s leave can be taken, go to Paid sick and carer’s leave.

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Can employees take paid time off if they feel unwell after being vaccinated?

Full-time and part-time employees can use paid sick leave if they can't work because they’re unwell after being vaccinated.

Employers and employees should check any award, enterprise or other registered agreement, employment contract or workplace policy that applies to see if any extra rules apply for using sick leave. Find out more about. The rules for paid sick leave at Paid sick and carer’s leave.

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Can an employee refuse to attend the workplace because a co-worker isn’t vaccinated against COVID-19?

It’s unlikely that an employee can refuse to attend their workplace because a co-worker isn’t vaccinated against COVID-19. The reasons for this include:

  • vaccination isn’t mandatory for all employees and not all workplaces can require their employees to be vaccinated
  • the co-worker may have a legitimate reason not to be vaccinated (for example, a medical reason).

If an employee refuses to attend the workplace because a co-worker isn’t vaccinated, their employer can direct them to attend the workplace if the direction is lawful and reasonable. Whether a direction is lawful and reasonable depends on all the circumstances.

If it’s unclear whether a direction or an employee’s refusal is reasonable, employers should consider seeking legal advice before taking disciplinary action.

If an employee has concerns about the safety of the workplace, they should raise their concerns with their employer as soon as possible. Employers should also consider sharing information about any steps they’ve taken to ensure a safe workplace, to help manage employee concerns.

For more information about WHS during COVID-19, visit Safe Work Australia.

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Does an employer need to consult when implementing a workplace policy about COVID-19 vaccinations?

Before implementing a new workplace policy or changing an existing policy about vaccinations, employers need to consider their workplace and employees’ circumstances and whether they need legal advice about their obligations.

Under WHS laws, employers have to consult with employees and any health and safety representatives (HSRs) about possible control measures to address WHS risks. This includes when they are considering changing or making a new policy about COVID-19 vaccinations.

Employers must also provide employees and their HSRs a reasonable opportunity to express their views about the policy changes. Employers need to take these views into account when making a decision and advise employees and HSRs of their decision.

Visit Safe Work Australia’s website for more information under WHS laws on specific COVID-19 WHS issues and consultation obligations.

There may also be consultation requirements in an award, enterprise agreement or another registered agreement that applies to the workplace. All awards and enterprise agreements have a consultation clause requiring employers to consult with employees and any representatives when an employer intends to implement significant workplace changes. Some registered agreements, employment contracts or existing workplace policies may also require employers to consult. You can find more information about consultation and cooperation in the workplace here: Consultation and cooperation in the workplace – Best practice guides.

Before introducing or changing a workplace policy about vaccinations, employers should review any applicable award, agreement, employment contract or existing workplace policy to find out:

  • whether they need to consult under that document (as well as needing to consult under WHS laws)
  • who they need to consult with (including any employee representatives or unions)
  • how they need to consult about the proposed workplace change.

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Providing evidence of vaccination

Can an employer require an employee to provide evidence that they have been vaccinated?

If an employer has provided a lawful and reasonable direction to be vaccinated for COVID-19, the employer can also ask the employee to provide evidence of their vaccination.

An employer may ask to see evidence of an employee's vaccination status without raising privacy obligations, provided they don’t keep a copy of or make a record of the vaccination certificate. An employer should not collect vaccination status information from an employee unless

  • the employee consents, and
  • the collection is reasonably necessary for the employer's functions and activities.

Consent to collect this information is not required if the collection is required or authorised by law (for example, a public health order applies). State and territory laws, regulations or public health orders may have additional requirements around the collection, use and destruction of vaccination information.

More information about workplace privacy is available at:

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What counts as proof of vaccination?

Australians can access proof of vaccination after they have been vaccinated through:

  • myGov – or the Express Plus Medicare mobile app 
  • their vaccination provider (including a medical practitioner), or
  • the Australian Immunisation Register.

Services Australia helps with getting vaccination proof. Visit Services Australia – How to get proof of your COVID-19 vaccinations.

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