Florida issues emergency regulations on vaccine exemption law

Florida has published emergency regulations addressing a state law that prohibits 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). The state has also published the following exemption forms:

• Medical/Pregnancy Exemption
• Religious Exemption
• Exemption Based on COVID-19 Immunity
• Exemption Based on Periodic Testing
• Exemption Based on Employer-Provided PPE

The Details:

In November 2021, Florida enacted House Bill 1, which states that if an employer receives a completed exemption statement, the employer must allow the employee to opt out of the employer's COVID-19 vaccination mandate. Under the law, employers must use forms adopted by the Florida Department of Health, or substantially similar forms, for employees to submit exemption statements.

The emergency rules clarify certain aspects of the law, including:

• Employees must complete and present the applicable form to claim an exemption.
• Employees seeking exemptions for anticipated pregnancy must be of child-bearing age and intend to become pregnant, and employers must accept the employee’s statement that they intend to become pregnant.
• Employers are prohibited from inquiring into the veracity of the employee’s religious beliefs when employees seek exemption for religious reasons.
• Employees seeking an exemption based on COVID-19 immunity must also provide proof of a positive laboratory result from a diagnostic test or antibody test.
• For the periodic-testing exemption, employers can require testing no more frequently than once a week, and the testing must be performed at no cost to the employee.

Next Steps:

 Florida employers should consult legal counsel to discuss the impact of the emergency regulations and House Bill 1 on their vaccination policies and practices. Please contact your dedicated service professional with any questions.