HF 3841

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/31/2022 06:42pm

A bill for an act
relating to employment; providing natural immunity exemption in lieu of employer
vaccination or testing requirements; proposing coding for new law in Minnesota
Statutes, chapter 181.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [181.958] NATURAL IMMUNITY EXEMPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision have the meanings
given them.
new text end

new text begin (b) "Employee" means a person who performs services for hire for an employer and
includes an officer of a corporation.
new text end

new text begin (c) "Employer" means a person who has one or more employees and includes an
individual, corporation, partnership, association, nonprofit organization, group of persons,
designated employee, or agent who discloses information on behalf of an employer, state,
county, town, city, school district, or other governmental subdivision.
new text end

new text begin (d) "Health care provider" means any of the following individuals licensed to practice
under their specific designation in any state or territory of the United States:
new text end

new text begin (1) a registered nurse;
new text end

new text begin (2) a chiropractor;
new text end

new text begin (3) a physician;
new text end

new text begin (4) a physician assistant; or
new text end

new text begin (5) a pharmacist.
new text end

new text begin Subd. 2. new text end

new text begin Natural immunity exemption from COVID-19 vaccination or testing
requirements. new text end

new text begin (a) The exemption under paragraph (b) shall apply if an employer not
otherwise prohibited by law requires, as a condition of an offer of employment or continued
employment, that an employee or prospective employee:
new text end

new text begin (1) receive a COVID-19 vaccination and show proof of having received the vaccination;
or
new text end

new text begin (2) be regularly tested for COVID-19.
new text end

new text begin (b) In lieu of an employee or prospective employee meeting the COVID-19 vaccination
or testing requirements under paragraph (a), an employer shall accept documentation of
natural immunity against COVID-19, which may be demonstrated by any of the following:
new text end

new text begin (1) documentation that is signed by a health care provider and dated after March 1, 2020,
showing that the employee or prospective employee tested positive for COVID-19;
new text end

new text begin (2) a serology test that demonstrates the presence of naturally occurring antibodies
against COVID-19 in the employee or prospective employee's blood; or
new text end

new text begin (3) a notarized letter written by the employee or prospective employee that states to the
best of their knowledge they recovered from COVID-19.
new text end

new text begin Subd. 3. new text end

new text begin Written notification. new text end

new text begin An employer that requires an employee or prospective
employee to meet the COVID-19 vaccination or testing requirements under subdivision 2,
paragraph (a), shall inform the employee or prospective employee in writing of their right
to an exemption under subdivision 2, paragraph (b).
new text end

new text begin Subd. 4. new text end

new text begin Retaliation. new text end

new text begin (a) No employer may retaliate against an employee or prospective
employee in the terms and conditions of their employment for exercising the right to an
exemption under subdivision 2, paragraph (b).
new text end

new text begin (b) For the purposes of paragraph (a), retaliation includes requiring an employee or
prospective employee to:
new text end

new text begin (1) self-isolate;
new text end

new text begin (2) wear a face covering; or
new text end

new text begin (3) work in an area outside the employee's usual work area
new text end

new text begin if the employer does not require the same of an employee or prospective employee who
meets the COVID-19 vaccination or testing requirements under subdivision 2, paragraph
(a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end