Florida Releases Rules on New Vaccination Exemption Law

– The Vaccination Exemption Law in Florida prohibits private employers from mandating COVID-19 vaccinations for employees, allowing for five specific exemptions.
– The Florida Department of Legal Affairs issued a Notice of Emergency Rule to further define key provisions of the Vaccination Exemption Law.
– The Rule clarifies that the law does not apply to independent contractors, volunteers, or those who work for nonprofit agencies without compensation. 1. The Rule defines “functional equivalent of termination” to include resignation under duress or intolerable working conditions.
2. The Rule provides a web-based complaint procedure for employees to report employer violations of the Vaccination Exemption Law.
3. The Guidance outlines the complaint procedure for employees and states that the Vaccination Exemption Law only applies to private employers with COVID-19 vaccination mandates in Florida.
4. Employees must submit an exemption form to their employer to claim relief under the Vaccination Exemption Law.
5. Employers that do not comply with the law may be subject to fines, but are not required to reinstate the employee.
6. Fines may be avoided if an employer reinstates the affected employee and provides full back pay within 21 days of being notified of the violation. 1. Private employers in Florida should amend their COVID-19 vaccination mandate policies to include the five exemptions under the Vaccination Exemption Law.

2. Employees seeking exemptions should use the Florida Department of Health exemption request forms.

3. Employers should determine whether individuals in their workplace should be classified as employees or independent contractors, as the latter are not subject to the Vaccination Exemption Law.

4. The definition of termination now includes circumstances in which an employee resigns under duress or is subject to “intolerable working conditions”.

5. Employers are not required to reinstate employees terminated in violation of the Vaccination Exemption Law, but may face substantial fines. – Coronavirus (COVID-19) has had a significant impact on the workforce in Florida
– Employers are navigating COVID-19 vaccination policies and the Fair Labor Standards Act (FLSA)
– COVID-19 vaccine exemption laws are a topic of interest for employers and employees

https://www.workforcebulletin.com/florida-issues-notice-of-emergency-rule-and-guidance-on-new-vaccination-exemption-law