Alabama Governor Kay Ivey recently signed into law Senate Bill (SB) 9, which restricts Alabama employers from requiring COVID-19 vaccination as a condition of employment. SB 9 directs Alabama employers to “exempt vaccination as a condition of employment for any employee who has completed and submitted [an] exemption form” and “liberally construe [an] employee’s eligibility for an exemption in favor of the employee.”
SB 9 tasked the Alabama Department of Labor with developing an emergency rule establishing a process to allow an employee to submit an appeal of an employer’s denial of an exemption request. In response, the Alabama Department of Labor (ALDOL) recently published Chapter 480-9-1-ER, Vaccination Exemption, in the Alabama Administrative Code and launched a website containing links to an exemption form for employees, a poster, and a portal for employees and employers to use to upload certain information.
The emergency rule echoes some provisions of SB 9, including that “Alabama employers may not require any employee to receive a vaccination as a condition of employment without providing the employee the opportunity to be exempted from the vaccination for religious or medical reasons” and that “[t]he employer shall exempt vaccination as a condition of employment for any employee who has properly completed and submitted the exemption claim form.” The emergency rule then lists the medical and religious-based exemptions from vaccination.
The emergency rule describes a...
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