House
File
902
-
Enrolled
House
File
902
AN
ACT
RELATING
TO
COVID-19
VACCINATION
REQUIREMENTS
BY
EMPLOYERS
AND
UNEMPLOYMENT
INSURANCE
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
94.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“COVID-19”
means
the
same
as
defined
in
section
686D.2.
2.
“Employee”
means
an
individual
who
is
employed
in
this
state
for
wages
by
an
employer.
“Employee”
includes
an
applicant
for
employment.
House
File
902,
p.
2
3.
“Employer”
means
a
person,
as
defined
in
chapter
4,
who
employs
an
individual
in
this
state
for
wages.
Sec.
2.
NEW
SECTION
.
94.2
COVID-19
vaccination
requirements
by
employers
——
waiver.
An
employer
that
requires
an
employee
to
receive
a
COVID-19
vaccine
shall
waive
the
requirement
if
the
employee,
or,
if
the
employee
is
a
minor,
the
employee’s
parent
or
legal
guardian,
requests
a
waiver
and
submits
either
of
the
following
to
the
employer:
1.
A
statement
that
receiving
the
vaccine
would
be
injurious
to
the
health
and
well-being
of
the
employee
or
an
individual
residing
with
the
employee.
2.
A
statement
that
receiving
the
vaccine
would
conflict
with
the
tenets
and
practices
of
a
religion
of
which
the
employee
is
an
adherent
or
member.
Sec.
3.
NEW
SECTION
.
96.5A
Refusal
of
COVID-19
vaccination
——
no
disqualification.
Notwithstanding
any
other
provision
of
this
chapter
to
the
contrary,
an
individual
who
is
discharged
from
employment
for
refusing
to
receive
a
vaccination
against
COVID-19,
as
defined
in
section
686D.2,
shall
not
be
disqualified
for
benefits
on
account
of
such
discharge.
Sec.
4.
Section
96.7,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
12.
Discharge
for
refusal
of
COVID-19
vaccination
——
effect
on
experience
and
rating
——
limitation
on
actions.
If
an
employee
is
discharged
from
employment
for
refusing
to
receive
a
vaccination
against
COVID-19,
as
defined
in
section
686D.2,
the
contribution
rate
and
unemployment
experience
of
any
employer
employing
the
employee,
or
an
employer
that
previously
employed
the
employee
other
than
the
employer
that
so
discharged
the
employee,
shall
be
unaffected
by
such
discharge.
The
department
shall
not
impose
any
penalty
on,
or
take
any
other
action
otherwise
permitted
under
this
chapter
against,
any
employer
employing
the
employee,
or
an
employer
that
previously
employed
the
employee
other
than
the
employer
that
so
discharged
the
employee,
as
a
result
of
such
discharge.
House
File
902,
p.
3
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
902,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor