NEW YORK ( CNN ) -- A New York state Supreme Court judge Friday granted a temporary restraining order against a requirement that all health care workers in the state get H1N1 flu vaccinations . New York wants all health workers to get flu vaccines . The state health commissioner had said the workers had to be vaccinated against both seasonal and H1N1 flu by November 30 or risk disciplinary action . The Public Employees Federation filed suit , and Judge Thomas McNamara on Friday granted the restraining order , which will be in effect at least until the State Supreme Court can review the case during a hearing scheduled for October 30 . In a news release , federation President Kenneth Brynien called the decision `` a big step in the right direction . '' Peter Banks , a council leader for the organization , added that its members `` are not against the vaccination program ; what we are against is the mandating , putting conditions of service over an unproven vaccine . '' A state health department release said officials `` are confident that the regulation will be upheld . '' It cited a 1990 court ruling that rejected health care workers ' opposition to mandatory rubella vaccinations . Banks noted that ruling `` allows a philosophical or religious opt out , '' which he said is lacking in the emergency H1N1 regulation . The Public Employees Federation is the second largest state employers union . It has 15,000 members who work in health care , approximately 5,000 of whom would be directly affected by the vaccination regulation . CNN 's Jean Shin and Mark Norman contributed to this report .
State 's health care workers were to be vaccinated by November 1 . State health commissioner orders mandatory shots for severe , seasonal flu . Public Employees Federation files suit and court grants restraining order .