Health department may ban unvaccinated clinic secretary from work

For visitors only with a mask, for employees only with vaccination: This is how a clinic should have it.
Image: dpa

An employee was not allowed to enter a North Rhine-Westphalian hospital because she had no proof of vaccination. But she would have been legally obliged to do so. Her lawsuit was dismissed.

EA ban on an unvaccinated secretary in a hospital in North Rhine-Westphalia is in force. That health department in Gelsenkirchen was allowed to forbid the woman to enter the clinic, the higher administrative court in Münster said on Monday. The secretary’s urgent request was unsuccessful.

She had not provided her employer with proof that she had been vaccinated against Covid-19 or had recovered from the disease. According to the current legal situation, which will apply until the end of December, she should have done so in order to be allowed to continue working in the hospital. The administrative court in Gelsenkirchen already rejected her urgent application, now she also failed before it Higher Administrative Court.

In the summary proceedings, it was not able to determine any unconstitutionality of the regulation. The preliminary examination has shown that the scientific knowledge has not changed significantly since the corresponding decision of the Federal Constitutional Court in April, it said. It should also be taken into account that a vaccine adapted to the Omicron variant is now available.

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