Senate Study Bill 1280 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON SCHULTZ) 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 5118XC (2) 89 je/rn
S.F. _____ 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 5118XC (2) 89 je/rn 1/ 3
S.F. _____ 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 5118XC (2) 89 je/rn 2/ 3
S.F. _____ 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 5118XC (2) 89 je/rn 3/ 3