While federal laws grant employees the right to medical and religious exemptions, not all employees are aware of these rights. SB182 requires that any employer that requires vaccination as a condition of employment must allow for religious and medical exemptions, and they must notify employees in writing of these exemption options.
SB182 goes on to set parameters for the exemptions. Language to be used for employees to affirm their religious or medical exemption is prescribed. Employers would not be permitted to require additional substantiation or documentation of a sincerely held religious belief. A medical exemption would be substantiated by a written opinion from a healthcare provider and nothing more. For the purposes of this bill, a health care provider includes an advanced practice registered nurse, physician, osteopath, physician assistant, or pharmacist.
The bill specifies that violation of these measures will result in a civil cause of action. Furthermore, anyone affected by an adverse reaction from a vaccine required by the employer is entitled to claim Workers’ Compensation.
SB182 also amends Kentucky’s workplace discrimination laws to make it illegal for an employer to require an employee to receive a vaccination if the employee has a sincerely held religious belief against vaccination, or has received the written opinion of a health care provider that the required vaccination would be injurious to his or her health.
You can learn more about this bill, including access to the full text, on the Kentucky Legislature website here.