An amendment to an existing state law expands protections for employees subject to employer COVID-19 vaccine mandates, further complicating the pandemic landscape for assisted living providers in Tennessee.
The new law amends an existing state law that prohibits private businesses, governmental entities, schools and other entities from taking “adverse action” against employees who object to receiving a COVID vaccine “for any reason.” Under the legislation passed in November, employers could request an exemption from the law if compliance would result in a loss of federal funding.
The recently passed amendment, however, places additional requirements on those employers that received an exemption from the law, along with requirements for assisted living communities, nursing homes and residential hospice facilities.
Effective March 11, employers that received an exemption and are not covered under the Centers for Medicare & Medicaid Services mandatory vaccination rule must grant vaccination exemptions for medical and religious reasons. Unlike under federal law, employers cannot deny exemption requests even if doing so causes an undue hardship for the employer or otherwise creates a direct threat to the employee or others in the workplace.
Employers are required to respond to COVID vaccine exemption requests within 10 business days and provide a written explanation for denials. The law further prohibits employers from “discharging, threatening to discharge, or reducing compensation” of an employee who requests and is granted an exemption.
An employee can provide a statement from a healthcare provider supporting a medical exemption request, but employees seeking religious exemptions do not need to provide proof backing their requests.
Violations of the law are punishable by a $10,000 fine.
In a website post, Fisher Phillips attorneys recommend that providers develop a process for complying with the new law by ensuring that they have proper forms, policies and procedures in place for their employees to request medical and religious exemptions. The law firm also recommends training managers and human resources personnel who will be evaluating exemption requests, and that employers take steps to ensure that employees who make requests for or are granted exemptions are protected from retaliation.
According to LeadingAge, as of Feb. 9, 25 states have COVID vaccine mandates for employees of various categories, seven require boosters or “up-to-date” status of vaccines. Of those, 21 specify requirements for healthcare workers, and the majority require vaccination or regular testing of unvaccinated employees. Six states take a “vaccinate or terminate” approach, only permitting religious or medical exemptions for healthcare workers. And 13 states passed laws banning employers from mandating vaccines for workers.
