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Kansas requires exemptions from COVID-19 vaccine mandates

01/06/22

Author: ADP Admin/Wednesday, December 15, 2021/Categories: Compliance Corner

Kansas has enacted legislation (House Bill 2001) stating that employers that implement COVID-19 vaccination requirements must provide certain exemptions to employees. House Bill 2001 was effective immediately upon the Governor’s signature on Nov. 23, 2021.

Exemption requests:

Under House Bill 2001, if employers adopt a COVID-19 vaccine requirement, they must provide an exemption to an applicant or employee who submits a written waiver request stating that complying with the requirement would:

  • Endanger the life or health of the individual, or someone who resides with them, as evidenced by an accompanying written statement signed by a physician or another person who performs acts pursuant to practice agreements, protocols, or at the order, direction, or delegation of a physician; or
  • Violate the sincerely held religious beliefs of the individual, as evidenced by an accompanying written statement signed by the applicant or employee. The law states that an employer must grant an exemption based on sincerely held religious beliefs without inquiring into the sincerity of the request.

Employers must provide the above exemptions without taking punitive action, which is defined as any of the following:

  • Dismissal, demotion, transfer, reassignment, suspension, reprimand, or warning of possible dismissal,
  • Withholding of work; or
  • Assessing any monetary penalty or unreasonable charge.

Penalties:

Employers found by a court to have violated the law may face fines of up to $10,000 per violation if the employer has fewer than 100 employees and $50,000 per violation if the employer has 100 or more employees. See the text of the law for details on enforcement.

Compliance recommendations:

Kansas employers should consult legal counsel to discuss the impact of House Bill 2001 on their vaccination policies and practices. Please contact your dedicated ADP® service representative with any questions.

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