Utah has enacted legislation (House Bill 63) that requires an employer to exempt an employee from a mandatory COVID-19 vaccination if the employee provides certain medical documentation. House Bill 63 is effective immediately.
Background:
Utah had previously enacted legislation (Senate Bill 2004) where employers who required an employee or candidate to receive or provide proof of COVID-19 vaccination as a condition of employment had to provide an exemption to the vaccination requirement if the individual submitted a statement that receiving the vaccine would harm their health and well-being or conflict with a sincerely held personal or religious belief, practice, or observance.
The Details:
House Bill 63 maintains the previous vaccination exemption requirements and adds the requirement for employers to exempt an employee or candidate from a COVID-19 vaccination requirement if the person submits a letter from a primary care provider that states that they were previously infected with COVID-19.
Note: If a requirement of House Bill 63 substantially impairs an employer from fulfilling a contract that they had started prior to May 4, 2022, the requirement does not apply.
Additional Covered Employers:
Federal contractors are now covered under the law. However, the law does not cover individuals subject to the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccine regulation or health care providers under the law that are participating providers for the CMS.
Exceptions:
Previously, the exemptions were required of employers except those with fewer than 15 employees that could establish a link between the vaccination requirement and an employee’s duties and responsibilities. Under House Bill 63, an employer may require an employee or candidate to receive or show proof of COVID-19 vaccination without allowing for exemptions if:
· Reassignment of the employee is not practical; or
· The employer establishes a link between the requirement and the employee’s assigned duties and responsibilities or identifies an external requirement for vaccination that is not imposed by the employer and is related to the employee’s duties and responsibilities.
COVID-19 Testing Requirements:
Under the law, employers must pay for all COVID-19 testing requirements they put upon their employees, but they are prohibited from keeping or maintaining a record or copy of an employee’s COVID-19 test results, with limited exceptions.
Recordkeeping Requirements:
The previous law prohibited an employer from keeping a copy of an employee’s vaccination status, but it allowed them to keep a record of their employees’ vaccination status.
Under House Bill 63, employers cannot keep or maintain a record or copy of an employee’s proof of vaccination with limited exceptions. These include if the records are required by law or an established business practice or industry standard. However, they may make a verbal inquiry for an employee to voluntarily disclose their vaccination status.
Nonretaliation:
Under the law, employers are prohibited from taking adverse action against an employee that uses their rights under House Bill 63. The law clarifies adverse action to mean the refusal to hire, termination, demotion, or reduction of an employee’s wages. However, this does not include the reassignment of an employee if the employee’s vaccination status is not the only reason behind the reassignment.
Next Steps:
Employers in Utah should consult legal counsel to discuss the impact of House Bill 63 on their policies, practices, and supervisor training.