§ 22-5-4.6-5 — Exemptions; testing

Indiana § 22-5-4.6-5

• Jurisdiction: Indiana
• Art. 5: UNLAWFUL LABOR PRACTICES
• Ch. 4.6: Exemptions from COVID-19 Immunization

Text

(a) An employer may not impose a
requirement that employees receive an immunization against
COVID-19 unless the employer provides individual exemptions that
allow an employee to opt out of the requirement on the basis of any of
the following:
(1) Medical reasons.
(2) Religious reasons.
(3) An employee has immunity from COVID-19 acquired from a
prior infection with COVID-19.
(b) Subject to subsection (c), an employer may require an employee
to submit to testing for the presence of COVID-19 not more than twice
a week, if the employee receives an exemption based on:
(1) medical reasons under subsection (a)(1);
(2) religious reasons under subsection (a)(2); or
(3) immunity from COVID-19 acquired from a prior infection
with COVID-19 under subsection (a)(3).
(c) An employer may not require a test for the presence of
COVID-19 unless the test:
(1) has been approved, cleared, or authorized by the federal Food
and Drug Administration;
(2) is the least invasive testing option available; and
(3) does not create an undue burden on the employee to receive
the test.

Legislative History

As added by P.L.1-2022, SEC.9. Amended by P.L.174-2022, SEC.57.