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If an employer receives a completed exemption statement based on medical reasons or immunity from COVID-19, the employer must allow the employee to opt out of the vaccine requirement without further inquiry. To claim an exemption based on immunity from COVID-19 acquired from prior infection with COVID-19, an employee must provide to the employer every three months the results of a laboratory test approved by the federal Food and Drug Administration (FDA), including any of the following: a polymerase chain reaction test (PCR) test, an antigen test, or an antibody or serology test. The medical provider must have examined the employee. The statement must be dated and signed by a licensed physician, a licensed physician’s assistant, or an advanced practice registered nurse. To claim an exemption based on medical reasons, an employee must provide to the employer an exemption statement in writing affirming the vaccine is medically contraindicated for the employee. Exemptions from Mandatory COVID-19 Vaccinations The law does not apply to federal employers, federal contractors and healthcare facilities subject to a federal COVID-19 immunization requirement, and professional sports organizations and entertainment venues with employees who work in close proximity to live sports or entertainment. Under the law, the term “employee” means “an individual who works for an employer on a full-time or part-time basis, either paid or unpaid.” The term also expressly includes independent contractors, subcontractors, and student trainees or interns.Ĭertain employers, however, are not subject to the vaccine mandate restrictions. Under the law, which went into effect immediately, most Indiana employers who require employees to receive the COVID-19 vaccine must allow employees to opt out from the requirement based on any of the following: (1) medical reasons (2) religious reasons or (3) employee immunity from COVID-19 based on a prior infection with COVID-19. Indiana Governor Eric Holcomb has signed into law House Bill 1001, curbing COVID-19 vaccine mandates by employers.
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