Florida has enacted legislation (House Bill 1) that prohibits private employers from imposing a COVID-19 vaccination mandate without providing exemptions for medical reasons (including pregnancy and anticipated pregnancy), religious reasons, COVID-19 immunity, periodic testing, and the use of employer-provided personal protective equipment (PPE). House Bill 1 is effective immediately and expires on June 1, 2023.
Exemption Requests:
The law states that if an employer receives a completed exemption statement as detailed below, the employer must allow the employee to opt out of the employer's COVID-19 vaccination mandate. Employers must use forms adopted by the Florida Department of Health, or substantially similar forms, for employees to submit exemption statements.
Medical Exemptions:
To claim an exemption based on medical reasons, the law requires that the employee present a statement that is dated and signed by a licensed physician, physician assistant, or advanced practice registered nurse who has examined the employee. The statement must provide that, in the professional opinion of the healthcare provider, COVID-19 vaccination isn’t in the best medical interest of the employee.
Religious Exemptions:
To claim a religious exemption, the law requires that the employee present a statement indicating that the employee declines COVID-19 vaccination because of a sincerely held religious belief.
COVID-19 Immunity Exemptions:
To claim an exemption based on COVID-19 immunity, the law requires that the employee present an exemption statement demonstrating competent medical evidence that the employee has immunity to COVID-19, documented by the results of a valid laboratory test performed on the employee.
Period Testing Exemptions:
To claim an exemption based on periodic testing, the law requires that the employee present an exemption statement indicating that the employee agrees to comply with regular testing for the presence of COVID-19 at no cost to the employee.
PPE Exemptions:
To claim an exemption based on employer-provided PPE, the law requires that the employee present a statement indicating that the employee agrees to comply with the employer's reasonable written requirement to use employer-provided PPE when in the presence of other employees or other individuals.
Emergency Rules:
The Department of Health is directed to adopt emergency rules to implement the law, including sample forms.
Compliance Recommendations:
Florida employers should consult legal counsel to discuss the impact of House Bill 1 on their vaccination policies and practices. Please contact your dedicated service professional with any questions.