Nebraska has enacted legislation (LB 906e) that requires employers to provide medical and religious exemptions if they mandate COVID-19 vaccinations. Legislative Bill 906e took effect on March 1, 2022.
The Details:
Under the law, employers with one or more employees or a party whose business is financed at least in part under the Nebraska Investment Finance Authority Act must exempt applicants or employees who provide a completed vaccine exemption form from COVID-19 vaccination mandates on medical or religious grounds.
Medical Exemptions:
An individual may claim an exemption if receiving a vaccination against COVID-19 is medically contraindicated, or the vaccination needs to be postponed for medical reasons.
Note: Medical exemption forms must be documented in a signed, written statement by a health care practitioner, and the individual must provide a copy to their employer.
Religious Exemptions:
An individual may also claim an exemption if receiving a vaccination against COVID-19 conflicts with their sincerely held religious belief, practice or observance.
Post-exemption Requirements:
Employers may require individuals that are exempted from vaccination requirements to undergo periodic COVID-19 testing and wear personal protective equipment (PPE) if the employer pays for the testing and supplies the PPE.
Suppliers, federal contractors, or Medicare or Medicaid certified providers may add other accommodations, documentation or processes to ensure compliance under federal law and the rules and regulations of the federal Centers for Medicare and Medicaid Services.
Next Steps:
Nebraska employers should consult legal counsel to discuss the impact of LB 906e on their vaccination policies and practices.