On December 3, 2021, the Florida Department of Legal Affairs of the state attorney general’s office issued an emergency rule establishing the procedure for private employer vaccination mandate complaints under section 381.00317(3) and (4), Florida Statutes. The rule sets forth the complaint procedure, beginning with providing further clarification regarding key terms in the statute. The department also published a list of answers to frequently asked questions (FAQs) that provides further information for employers. The Florida Department of Health also issued a set of forms and rules
What is a COVID-19 vaccination mandate?
Section 381.00317(1), Florida Statutes, states a “private employer may not impose a COVID-19 vaccination mandate …. without providing individual exemptions that allow an employee to opt out of such requirement” for five separate reasons. Section (2) states that if an employee has submitted an exemption statement under one of the exemptions, “the employer must allow the employee to opt out of the employer’s COVID-19 vaccination mandate.” Section (4) prohibits an employer from discharging an employee based on a vaccination mandate and termination includes the functional equivalent of a termination (which we explain in further detail below).
Section (3) allows an employee to file a complaint with the Department of Legal Affairs “alleging that an exemption has not been offered or has been improperly applied or denied violation of this section.”
Neither the...
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