Posted on May 5, 2021
Can COs lawfully restrict or refuse leave for someone who does not take the COVID shot?
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I have been hearing stories about CO's refusing leave or restricing SMs to post because they have not taken the COVID shot. The Military HAS NOT made the shot mandatory. What would be the recourse for an SM who is CLEARLY being discriminated against? Using Open-Door and going up the Chain or Command, contacting JAG...?
Posted in these groups: 
Coronavirus COVID19
Coronavirus COVID19
Posted >1 y ago
Responses: 17
Commanders can deny/restrict Leave if they so choose to. For example, if the SM in question wants to take Leave in a country that requires proof of vaccination but the SM refuses to get it, then the Commander deny/restrict Leave for that. It can also be seen as a Medical Readiness issue where the unvaccinated SM intends to travel to a known hot spot for COVID.
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Command is absolute. Commanders can do almost anything, provided it passes legal muster. It may not pass the smell test, but there it is. They can claim operational readiness etc. If it is out of line, seniors will intervene.
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Leave for someone who does not take the COVID shot can also depend on location. Some countries want proof that a traveler is vaccinated before allowing entry. If a SM is going overseas for leave, a CO could technically ask about or restrict leave if the SM does not have a passport or other requirements
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