A Utah bill that establishes COVID-19 vaccine exemptions for employees and requires employers to cover the costs of workplace testing heads to the governor's desk. The legislation, which was passed during a 2021 Second Special Session, includes protections against adverse employment actions for workers who claim relief based on religious or personal beliefs.
Legislative History and Timeline
The legislation, designated as SB2004, was passed during the 2021 Second Special Session of the Utah Legislature. According to records from the Utah Legislature, the bill was passed on November 10, 2021, and was scheduled to take effect upon the governor's signature or a veto override, provided it met the required two-thirds majority in both houses.
Exemption Criteria for Employees
Under the provisions of SB2004, an employer who requires an employee or prospective employee to receive or show proof of a COVID-19 vaccination must relieve that individual of the requirement if they submit a statement citing specific grounds for relief. These grounds include whether receiving the vaccine would be injurious to the health and well-being of the employee or prospective employee, or if it would conflict with a sincerely held religious belief, practice, or observance, or a sincerely held personal belief.
Employer Obligations and Exemptions
The bill also mandates that employers pay for all COVID-19 testing an employee receives in relation to, or as a condition of, the employee's presence at the workplace. However, the law includes specific exemptions for certain types of organizations. The provisions do not apply to employers subject to regulation by the Centers for Medicare and Medicaid Services regarding a COVID-19 vaccine, unless the person is the state or a political subdivision of the state that is not an academic medical center. Additionally, the law does not apply to federal contractors.
Protections Against Adverse Actions
To prevent retaliation, the bill prohibits an employer from taking an adverse action against an employee because of an act they make in accordance with the section. The Utah Legislature defines adverse action as an action that results in the termination of employment, demotion, or reduction of wages, as well as the refusal to hire a potential employee. The law does not consider an employer's reassignment of an employee to be an adverse action, nor does it prohibit termination if reassignment of the employee is deemed not practical.
Vaccination Record Restrictions
The bill also addresses the management of vaccination records. An employer is prohibited from keeping or maintaining a record or copy of an employee's proof of vaccination unless it is otherwise required by law, required by an established business practice or industry standard, or if the specific provisions of the section do not apply. The law notes that an employer is still permitted to record whether an employee is vaccinated.
Small Business Considerations
The scope of the law varies based on the size of the employer. An employer may require an employee or prospective employee to receive or show proof of a COVID-19 vaccination without providing the relief described in the bill if the employer employs fewer than 15 employees and establishes a nexus between the requirement and the employee's assigned duties and responsibilities.
Bill Sponsorship and Intent
SB2004 was introduced with Kirk A. Cullimore serving as the Chief Sponsor and Mike Schultz serving as the House Sponsor. The bill aims to enact provisions related to COVID-19 vaccination and testing in the workplace, specifically targeting the legal relationship between employers and employees regarding health mandates.
