Senate
File
622
-
Introduced
SENATE
FILE
622
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
1280)
(COMPANION
TO
HF
902
BY
COMMITTEE
ON
STATE
GOVERNMENT)
A
BILL
FOR
An
Act
relating
to
COVID-19
vaccination
requirements
by
1
employers
and
unemployment
insurance
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5118SV
(1)
89
je/rn
S.F.
622
Section
1.
NEW
SECTION
.
94.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“COVID-19”
means
the
same
as
defined
in
section
686D.2.
4
2.
“Employee”
means
an
individual
who
is
employed
in
5
this
state
for
wages
by
an
employer.
“Employee”
includes
an
6
applicant
for
employment.
7
3.
“Employer”
means
a
person,
as
defined
in
chapter
4,
who
8
employs
an
individual
in
this
state
for
wages.
9
Sec.
2.
NEW
SECTION
.
94.2
COVID-19
vaccination
requirements
10
by
employers
——
waiver.
11
An
employer
that
requires
an
employee
to
receive
a
COVID-19
12
vaccine
shall
waive
the
requirement
if
the
employee,
or,
if
the
13
employee
is
a
minor,
the
employee’s
parent
or
legal
guardian,
14
requests
a
waiver
and
submits
either
of
the
following
to
the
15
employer:
16
1.
A
statement
that
receiving
the
vaccine
would
be
injurious
17
to
the
health
and
well-being
of
the
employee
or
an
individual
18
residing
with
the
employee.
19
2.
A
statement
that
receiving
the
vaccine
would
conflict
20
with
the
tenets
and
practices
of
a
religion
of
which
the
21
employee
is
an
adherent
or
member.
22
Sec.
3.
NEW
SECTION
.
96.5A
Refusal
of
COVID-19
vaccination
23
——
no
disqualification.
24
Notwithstanding
any
other
provision
of
this
chapter
to
the
25
contrary,
an
individual
who
is
discharged
from
employment
for
26
refusing
to
receive
a
vaccination
against
27
COVID-19,
as
defined
in
section
686D.2,
shall
not
be
28
disqualified
for
benefits
on
account
of
such
discharge.
29
Sec.
4.
Section
96.7,
Code
2022,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
12.
Discharge
for
refusal
of
COVID-19
32
vaccination
——
effect
on
experience
and
rating
——
limitation
33
on
actions.
If
an
employee
is
discharged
from
employment
for
34
refusing
to
receive
a
vaccination
against
35
-1-
LSB
5118SV
(1)
89
je/rn
1/
3
S.F.
622
COVID-19,
as
defined
in
section
686D.2,
the
contribution
rate
1
and
unemployment
experience
of
any
employer
employing
the
2
employee,
or
an
employer
that
previously
employed
the
employee
3
other
than
the
employer
that
so
discharged
the
employee,
shall
4
be
unaffected
by
such
discharge.
The
department
shall
not
5
impose
any
penalty
on,
or
take
any
other
action
otherwise
6
permitted
under
this
chapter
against,
any
employer
employing
7
the
employee,
or
an
employer
that
previously
employed
the
8
employee
other
than
the
employer
that
so
discharged
the
9
employee,
as
a
result
of
such
discharge.
10
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
11
importance,
takes
effect
upon
enactment.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
provides
that
an
employer
that
requires
an
16
employee,
including
an
applicant
for
employment,
to
receive
a
17
COVID-19
vaccine
must
waive
the
requirement
if
the
employee,
18
or,
if
the
employee
is
a
minor,
the
employee’s
parent
or
legal
19
guardian,
requests
a
waiver
and
makes
either
of
two
submissions
20
to
the
employer.
The
first
submission
is
a
statement
that
21
receiving
the
vaccine
would
be
injurious
to
the
health
and
22
well-being
of
the
employee
or
an
individual
residing
with
the
23
employee.
The
second
submission
is
a
statement
that
receiving
24
the
vaccine
would
conflict
with
the
tenets
and
practices
of
a
25
religion
of
which
the
employee
is
an
adherent
or
member.
26
The
bill
provides
that
an
individual
who
is
discharged
27
from
employment
for
refusing
to
receive
a
vaccination
against
28
COVID-19
shall
not
be
disqualified
for
unemployment
benefits
29
on
account
of
such
discharge.
30
The
bill
provides
that
if
an
employee
is
discharged
from
31
employment
for
refusing
to
receive
a
vaccination
against
32
COVID-19,
the
contribution
rate
and
unemployment
experience
33
of
any
employer
employing
the
employee,
or
an
employer
that
34
previously
employed
the
employee
other
than
the
employer
35
-2-
LSB
5118SV
(1)
89
je/rn
2/
3
S.F.
622
that
so
discharged
the
employee,
shall
be
unaffected
by
such
1
discharge.
The
bill
prohibits
the
department
of
workforce
2
development
from
imposing
any
penalty
on,
or
taking
any
other
3
action
otherwise
permitted
under
Code
chapter
96
against,
4
any
employer
employing
the
employee,
or
an
employer
that
5
previously
employed
the
employee
other
than
the
employer
that
6
so
discharged
the
employee,
as
a
result
of
such
discharge.
7
The
bill
takes
effect
upon
enactment.
8
-3-
LSB
5118SV
(1)
89
je/rn
3/
3