Alabama has published emergency regulations addressing a state law that prohibits employers from requiring employees to receive COVID-19 vaccination without providing the employee an opportunity to seek an exemption for religious or medical reasons. The state has also published a sample exemption request form, which is available here.
The emergency regulations address Senate Bill 9, which was enacted in November 2021 and states that employers must provide an exemption from COVID-19 vaccination requirements to any employee who has properly completed and submitted an exemption form.
Evaluating a Request:
When evaluating an employee's exemption request, the employer must liberally construe the employee's eligibility for an exemption in favor of the employee, consistent with applicable law.
Denying a Request:
The regulations state that in the event an employer denies a request for exemption, the employer must provide the employee with instructions on how to file a request for review by an administrative law judge.
Under the regulations, employees must submit the requests for review via https://vaxexemption.alabama.gov/ and include a copy of the denied exemption request form, a valid email address for the employee and the employer, and any other documentation the employee wishes to be considered. The employer will have three business days to provide any pertinent information to the administrative law judge for consideration regarding the employee's exemption claim. A poster with instructions for requesting an exemption and review is available here.
Note: An employer who has denied an employee's exemption request is prohibited from terminating the employee on the basis of failing to receive a vaccination for a period of 7 calendar days after the denial was issued by the employer, or if the employee is a review of the decision, until the judge or court issues a final ruling in the employer's favor. During this period, the employer must compensate the employee at the same rate of pay the employee received prior to submitting an exemption form.
Next Steps:
Alabama employers should consult legal counsel to discuss the impact of the emergency regulations and Senate Bill 9 on their vaccination policies and practices. Please contact your dedicated service professional with any questions.