by Lana L. Rupprecht, Esq. - Director and Product Compliance Counsel
& Marti Cardi, Esq. - Senior Compliance Consultant and Legal Counsel,
January 18, 2022
As we reported on Friday, here, the U.S. Supreme Court blocked OSHA's enforcement of the Emergency Temporary Standard (ETS), which previously required many private employers with 100 or more employees to implement a vax or test policy. Employers may still opt to implement such a policy.
As promised, here is chart summarizing state rules which expand on the exemptions employers must make to vaccination policies.
NOTE: We also covered this during our Quarterly Compliance Update in the Docket last week! Stay tuned for a link to a recording and our materials.
ALABAMA
Effective: 11/5/2021
Exceptions
- Medical Reasons identified by statute including prior COVID-19 diagnosis, severe allergic reaction, prior COVID-19 treatment, bleeding disorder, severely immunocompromised, or unable to take vaccine due to current health conditions or medications
- Religious Beliefs
State Forms Required
- If standard State Form is complete and submitted, employee exempt
- Must be liberally construed in favor of employee
Legal Authority / Guidance
- Legislation (legiscan.com)
- Emergency Rules.pdf (state.al.us)
- Vaccination Exemption Information Portal (alabama.gov)
- Forms (alabama.gov)
Additional Requirements
- Includes administrative appeal procedure for employees if exemption request denied
ARKANSAS
Effective: 1/13/2022
Exceptions
- Testing once a week
- COVID-19 immunity provided twice a year
State Forms Required
- No specific forms required
Legal Authority / Guidance
Additional Requirements
- If unvaccinated employee is terminated and not offered testing, eligible for unemployment benefits
FLORIDA
Effective: 11/18/2021
Exceptions
- Medical Reasons includes pregnancy or expectation of pregnancy
- Religious reasons inquiries into the veracity of the employee’s religious beliefs prohibited
- COVID-19 immunity from prior infection
- Periodic testing
- Employer-provided personal protective equipment (PPE)
State Forms Required
- Must use actual or substantially similar forms created by the Florida Department of Health
- If form submitted is complete, employer must permit exemption
Legal Authority / Guidance
- Statutes & Constitution
- Florida Administrative Rules
- Florida Attorney General - Private Employer Vaccine Mandate Program - FAQs (myfloridalegal.com)
- Florida Department of Health COVID-19 Vaccination Exemption Forms | Florida Department of Health (floridahealth.gov)
- See also Matrix Radar, Even MORE Vax News: Florida’s Restrictions on Vaccination Mandates
Additional Requirements
- Violations may be reported to the FL Attorney General who has authority to impose the following fines:
- Up to $10,000 for private entities employing less than 100 people
- Up to $50,000 for private entities employing 100 people or more
IOWA
Effective: 10/29/2021
Exceptions
- Employee requests waiver and provides one of the following statements:
- Vaccine would be injurious to employee’s (or individual residing with employee) health and well-being
- Vaccine would conflict with religion
State Forms Required
- No specific forms required
Legal Authority / Guidance
Additional Requirements
- Employees discharged for refusing vaccine may be able to receive unemployment benefits
KANSAS
Effective: 11/23/2021
Exceptions
- Employee submits written waiver stating vaccine would:
- Endanger life or health of employee or an individual who resides with employee
- Violate religious beliefs and employer may not inquire into sincerity of request
State Forms Required
- No specific forms required
Legal Authority / Guidance
Additional Requirements
- Terminated employee may file claim with secretary of labor
- If secretary finds violation, KS Attorney General shall impose a civil penalty
- Up to $10,000 per violation for employers with fewer than 100 employees or
- Up to $50,000 per violation for employer with 100 or more employees
- Employees terminated in violation of this law eligible for unemployment
NORTH DAKOTA
Effective: 11/15/2021
Exceptions
- Certification that vaccine would endanger life or health of employee
- Certification that vaccine is contrary to employee’s religious, philosophical, or moral beliefs
- Prior immunity to COVID-19 permitted proof of COVID-19 antibodies is valid 6 months from date of test
- Periodic testing
State Forms Required
- No specific forms required
Legal Authority / Guidance
TEXAS
Effective: 10/11/2021
Exceptions
- Personal conscience
- Religious Belief
- Medical Reasons
- Prior recovery from COVID-19
State Forms Required
- No specific forms provided
Legal Authority / Guidance
UTAH
Effective: 11/16/2021
Exceptions
- Health reasons
- Religious beliefs
- Personal beliefs
State Forms Required
- No specific forms provided
Legal Authority / Guidance
Additional Requirements
- Prohibits an adverse action against an employee who claims relief
- Prohibits employer from keeping or maintaining records or copies of employee's proof of vaccination
WEST VIRGINIA
Effective: 1/20/2022
Exceptions
- Exempt if employee presents:
- Notarized certification by Heath Care Provider stating medical exemption is required due to individual’s physical condition, a specific precaution or COVID-19 immunity
- Notarized certification by employee that religious beliefs prevent employee from receiving COVID-19 vaccination
State Forms Required
- No specific forms provided
Legal Authority / Guidance
Additional Requirements
- Employer may not discriminate or penalize employees providing for exercising exemption rights
In addition to the states identified above, Montana prohibits private employers from discriminating against employees based on vaccination status or having an immunity passport. Montana statute, effective May 7, 2021, and guidance can be found here and here.
Also, Tennessee legislation, effective November 12, 2021, prevents employers from requiring its employees to show proof of vaccination and prevents employers from taking adverse action against employees who object to receiving a COVID-19 vaccine for any reason. The statute can be found here.
Matrix Can Help!
Matrix offers ADA and medical vaccine exemption services for its ADA clients. For more information about our solutions, please contact your Matrix or Reliance Standard account manager, or reach us at ping@matrixcos.com.