Indiana: New Restrictions on Employer Vaccination Mandates

APPLIES TO

All Employers with IN Employees

EFFECTIVE

March 3, 2022

QUESTIONS?

Contact HR On-Call

Indiana now prohibits all Indiana employers from imposing COVID-19 vaccination mandates unless those mandates include exemptions for medical or religious reasons and natural immunity from prior infection. The law applies to nearly all Indiana based employees, including independent contractors, subcontractors, and interns. However, the law does not apply to employees working in another state. Employers with federal contracts that have vaccination requirements as a condition to receive funds and healthcare facilities required to comply with the federal CMS mandate are also exempt. Finally, professional sports and entertainment venues do not have to comply so long as they provide accommodations that comply with federal law.

Employers that grant exemptions can still require employees to submit to COVID-19 testing, but not more than twice per week. The law is silent on whether the employer or employee would have to pay for these tests. Employers should consult applicable state and local laws, as well as collective bargaining agreements, to determine who is legally responsible for payment.

Employees may seek a medical exemption by submitting a statement in writing from a licensed physician, physician’s assistant, or advanced practiced medical nurse. The statement must say that the COVID-19 vaccine would be detrimental to the employee’s health or is medically contraindicated. Employees seeking a religious exemption simply need to submit a statement saying they will not be vaccinated because of a sincerely held religious belief. Natural immunity exemptions must be granted if the employee submits the results of an FDA approved lab test taken within the last three months. Employers can require that employees submit new test results every three months thereafter. If desired, employers can waive these requirements and just grant exemptions without employee submissions.

Action Items

Review HB 1001 here.
Have vaccination polices updated for compliance where applicable.
Have appropriate employees trained on the new requirements.
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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.