On November 5, 2021, Alabama Governor Kay Ivey signed into law a bill governing COVID-19 vaccine exemption requests. The law is intended to provide safeguards to employees who refuse an employer-required COVID-19 vaccine, as long as that individual submits a completed exemption form to the employer. The provisions of the law are immediately effective. Note that while this bill will likely be preempted by the recent Emergency Temporary Standard from OSHA governing employers with 100 or more employees, the COVID-19 vaccine rule for healthcare employers from the Centers for Medicare & Medicaid Services (“CMS”), and the COVID-19 guidance for federal contractors, it will still govern private employers in Alabama with fewer than 100 employees that are not covered by the CMS or federal contractor rules.
Vaccine Exemption Form and Process
Any covered Alabama employer that requires an employee to receive a COVID-19 vaccination as a condition of employment is required to provide the employee the opportunity to be exempted from the employer’s vaccination mandate. The law provides specific text that employers must include on their exemption forms and employees may apply for an exemption based on the following religious or medical reasons:
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