North Dakota has enacted legislation (HB 1511) that requires private employers to allow certain employee exemptions from the COVID-19 vaccine. The law is effective from November 15, 2021 to August 1, 2023, unless extended.
Background:
North Dakota had enacted House Bill 1465, which generally prohibits a state government entity from requiring employers to obtain physical or electronic documentation to certify an individual's vaccination status, presence of antigens, pathogens or antibodies, or post-transmission recovery status before their employment.
The Details:
Under the new law, if an employer or contractor requires an employee, prospective employee, or independent contractor to be vaccinated against COVID-19 as a condition of employment, the employer must allow the following exemptions:
- Proof of COVID-19 antibodies, which is valid for six months from the date of the antibody test;
- Submission to periodic COVID-19 tests;
- A certificate from a North Dakota licensed physician, physician assistant, or advanced practice registered nurse stating the physical condition of the individual is such that immunization would endanger the life or health of the individual; or
- A certificate signed by the individual stating the individual’s religious, philosophical, or moral beliefs are opposed to such immunization.
The exemption process does not apply to the extent an employer or an independent contractor is required to comply with federal law, rules, or guidance relating to requirements for vaccinations for COVID-19.
Next Steps:
North Dakota employers should consult with legal counsel to discuss the impact of the mandate on their vaccination policies and practices. Please contact your dedicated service professional with any questions.