January 17, 2022

Volume XII, Number 17

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January 15, 2022

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New Florida Law Requires Employers to Give Employees Multiple, Potential Exemptions to Any Mandatory Vaccine Requirement

Yesterday, November 18, 2021, Florida Governor Ron DeSantis signed legislation designed to give employees numerous COVID-19 vaccination exemptions to use to avoid any mandatory vaccination policy their employers seek to impose.  Specifically, private employers must grant exemptions for: health or religious concerns; pregnancy or anticipated future pregnancy; past recovery from COVID-19; periodic testing or using PPE (i.e., masks).  The private employer would bear the costs of the periodic testing and/or PPE.

Employers who violate these laws could be fined.  Small businesses (defined as 99 employees or less) will face a $10,000 per employee violation. Medium and big businesses will face a $50,000 per employee violation. Government employers may not require COVID-19 vaccinations of anyone, including employees.

The legislation can be accessed here: House Bill 1B (2021B) – The Florida Senate (flsenate.gov).  The law is effective as of November 18, 2021.

© 2022 Jones Walker LLPNational Law Review, Volume XI, Number 323
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About this Author

Laurie M. Riley, Jones Walker, civil rights attorney, employment related litigation lawyer
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Laurie Riley defends employers in civil rights and other employment-related litigation, including litigation under federal laws, such as Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and their state law counterparts. She has also represented employers in class action cases involving allegations of institutional discrimination in terms of promotion, discipline, compensation, and termination. Ms. Riley also represents employers involved in administrative proceedings...

305-679-5728
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