NEBRASKA EMPLOYER VACCINE MANDATE EXEMPTION LAW
On February 28, 2022, Governor Pete Ricketts signed LB906 into law, with an effective date of today, March 1, 2022. The new law obligates employers who require applicants or employees to be vaccinated against COVID-19 to allow for an exemption to the vaccination requirement. An employer must provide an exemption if: (1) the applicant or employee cannot be vaccinated (or vaccination needs to be delayed) due to a medical condition or doing so conflicts with a sincerely held religious belief and; (2) the individual provides the employer with a completed vaccine exemption form. If the sought-after exemption is based upon a medical condition, the employer may also require a copy of a signed statement from the individual’s health care practitioner.
The law applies to entities with one or more employees, including state governmental agencies, and political subdivisions. The law recognizes that Medicare or Medicaid-certified providers or suppliers and Federal Contractors may have additional obligations under federal law.
Employers are allowed to require employees granted exemptions to be periodically tested for COVID-19 and use personal protective personal equipment at work. However, employers requiring such protective measures must provide the personal protective equipment and pay for testing.
The new law requires the Nebraska Department of Health and Human Services (DHHS) to develop a vaccine exemption form for employees to use to claim an exemption, and make it available on its website on or before March 15, 2022. DHHS has a sample COVID-19 Vaccine Exemption form posted on its website, located at https://dhhs.ne.gov/Documents/COVID-19-Vaccine-Exemption-Form.pdf.
If you have questions about LB906 or how it might impact your business, please feel free to reach out to one of our employment attorneys.