§ 22-5-4.6-6 — Documentation requirements

Indiana § 22-5-4.6-6

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

Text

(a) Unless an employer waives the
documentation requirements under this subsection, to claim an
exemption based on medical reasons, an employee must present to the
employer an exemption statement in writing, dated and signed by:
(1) a licensed physician;
(2) a licensed physician's assistant; or
(3) an advanced practice registered nurse;
who has examined the employee. The statement must provide that, in
the professional opinion of the licensed physician, licensed physician's
assistant, or advanced practice registered nurse, the immunization
against COVID-19 is medically contraindicated (as defined in IC 16-18-2-223.7) for the employee.
(b) To claim an exemption based on religious reasons, an employee
must present to the employer an exemption statement in writing
indicating that the employee declines the immunization against
COVID-19 because of a sincerely held religious belief.
(c) Unless an employer waives the documentation requirements
under this subsection, to claim an exemption based on immunity from
COVID-19 acquired from a prior infection with COVID-19, an
employee must present to the employer the result of a laboratory test
performed on the employee that has been approved, cleared, or
authorized by the federal Food and Drug Administration, including any
of the following:
(1) A polymerase chain reaction test (PCR) test.
(2) An antigen test.
(3) An antibody or serology test.
An employer may request that an employee submit a new laboratory
test result as described in this subsection not more than once every
three (3) months.

Legislative History

As added by P.L.1-2022, SEC.9. Amended by P.L.174-2022, SEC.58.