Alabama's New Law Introduces Expansive Exemptions from Mandatory Employer Vaccination Policies - Pre-Employ.com
On November 5th, 2021, Alabama’s Governor signed SB-9 into law, establishing significant restrictions on employer-mandated COVID-19 vaccinations. This law which went into effect immediately, requires employers within the state to provide exemptions for all employees that submitted a form for exemption. It also requires employers to interpret an employee’s eligibility for such an exemption “liberally” and “in favor of the employee.”
SB-9 requires employers to use a form created by the Alabama Legislature which provides specific exemptions which employees can claim. This new law explicitly provides a presumption of qualification for employees that submit a completed form requesting such an exemption. This form provides the following exemptions, and employees may simply check which apply:
- “My health care provider has recommended to me that I refuse the COVID-19 vaccination based on my current health conditions and medications. (NOTE: You must include a licensed health care provider’s signature on this form to claim this exemption.).”
- “I have previously suffered a severe allergic reaction (e.g., anaphylaxis) related to vaccinations in the past.”
- “I have previously suffered a severe allergic reaction related to receiving polyethylene glycol or products containing polyethylene glycol.”
- “I have previously suffered a severe allergic reaction related to receiving polysorbate or products containing polysorbate.”
- “I have received monoclonal antibodies or convalescent plasma as part of a COVID-19 treatment in the past 90 days.”
- “I have a bleeding disorder or am taking a blood thinner.”
- “I am severely immunocompromised such that receiving the COVID-19 vaccination creates a risk to my health.”
- “I have been diagnosed with COVID-19 in the past 12 months.”
- “Receiving the COVID-19 vaccination conflicts with my sincerely held religious beliefs, practices, or observances.”
Some of these exemptions appear to conflict with binding guidance for federal contractors and subcontractors from the Safer Federal Workforce Task Force, as well as vaccine mandates issued by CMS for facilities receiving Medicare or Medicaid. Although the Emergency Temporary Standard from OSHA is currently struggling in court, it appears that these exemptions would conflict with parts of this rule as well.
The new law requires the state’s Department of Labor to create procedures to consider any denials of an exemption request by employers. Additionally, should such a denial request be granted, the employee will have seven days in which to appeal the decision to an administrative law judge. If this judge chooses to uphold the denial, the employee then has 14 days in which to appeal this ruling to a court of competent jurisdiction.
An employer is prohibited from firing an employee for refusing to become vaccinated for seven days following the denial of an exemption as well as until the conclusion of any appeals. During this time period, the employer must continue to compensate the employee both during the seven-day period and throughout any appeals. This law does specify, however, that no private cause of action is created for employees terminated for refusing a mandatory vaccination.
Employer Takeaways
Alabama’s SB-9 has been introduced at the same time as many employers are introducing policies to comply with the new federal vaccine mandates for medical facilities, federal contractors, and the ETS for employers of 100 or more. This new law will add a layer of confusion for many employers as it is difficult to reconcile with these federal policies.
source: https://www.pre-employ.com/newsblog/alabamas-new-law-introduces-expansive-exemptions-from-mandatory-employer-vaccination-policies/
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