Minnesota HF 3841: Natural immunity exemption provided in lieu of employer vaccination or testing requirements.

Bill Text

1.1 A bill for an act​
1.2 relating to employment; providing natural immunity exemption in lieu of employer​
1.3 vaccination or testing requirements; proposing coding for new law in Minnesota​
1.4 Statutes, chapter 181.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. [181.958] NATURAL IMMUNITY EXEMPTION.​
1.7 Subdivision 1.Definitions.(a) The terms defined in this subdivision have the meanings​
1.8 given them.​
1.9 (b) "Employee" means a person who performs services for hire for an employer and​
1.10 includes an officer of a corporation.​
1.11 (c) "Employer" means a person who has one or more employees and includes an​
1.12 individual, corporation, partnership, association, nonprofit organization, group of persons,​
1.13 designated employee, or agent who discloses information on behalf of an employer, state,​
1.14 county, town, city, school district, or other governmental subdivision.​
1.15 (d) "Health care provider" means any of the following individuals licensed to practice​
1.16 under their specific designation in any state or territory of the United States:​
1.17 (1) a registered nurse;​
1.18 (2) a chiropractor;​
1.19 (3) a physician;​
1.20 (4) a physician assistant; or​
1.21 (5) a pharmacist.​
1​Section 1.​
REVISOR SS/HS 22-06568​02/22/22 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No. 3841​
NINETY-SECOND SESSION​
Authored by Boe, Raleigh, Pfarr, Scott, Theis and others​02/28/2022​
The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy​

2.1 Subd. 2.Natural immunity exemption from COVID-19 vaccination or testing​
2.2 requirements.(a) The exemption under paragraph (b) shall apply if an employer not​
2.3 otherwise prohibited by law requires, as a condition of an offer of employment or continued​
2.4 employment, that an employee or prospective employee:​
2.5 (1) receive a COVID-19 vaccination and show proof of having received the vaccination;​
2.6 or​
2.7 (2) be regularly tested for COVID-19.​
2.8 (b) In lieu of an employee or prospective employee meeting the COVID-19 vaccination​
2.9 or testing requirements under paragraph (a), an employer shall accept documentation of​
2.10 natural immunity against COVID-19, which may be demonstrated by any of the following:​
2.11 (1) documentation that is signed by a health care provider and dated after March 1, 2020,​
2.12 showing that the employee or prospective employee tested positive for COVID-19;​
2.13 (2) a serology test that demonstrates the presence of naturally occurring antibodies​
2.14 against COVID-19 in the employee or prospective employee's blood; or​
2.15 (3) a notarized letter written by the employee or prospective employee that states to the​
2.16 best of their knowledge they recovered from COVID-19.​
2.17 Subd. 3.Written notification.An employer that requires an employee or prospective​
2.18 employee to meet the COVID-19 vaccination or testing requirements under subdivision 2,​
2.19 paragraph (a), shall inform the employee or prospective employee in writing of their right​
2.20 to an exemption under subdivision 2, paragraph (b).​
2.21 Subd. 4.Retaliation.(a) No employer may retaliate against an employee or prospective​
2.22 employee in the terms and conditions of their employment for exercising the right to an​
2.23 exemption under subdivision 2, paragraph (b).​
2.24 (b) For the purposes of paragraph (a), retaliation includes requiring an employee or​
2.25 prospective employee to:​
2.26 (1) self-isolate;​
2.27 (2) wear a face covering; or​
2.28 (3) work in an area outside the employee's usual work area​
2.29 if the employer does not require the same of an employee or prospective employee who​
2.30 meets the COVID-19 vaccination or testing requirements under subdivision 2, paragraph​
2.31 (a).​
2​Section 1.​
REVISOR SS/HS 22-06568​02/22/22 ​

3.1 EFFECTIVE DATE.This section is effective the day following final enactment.​
3​Section 1.​
REVISOR SS/HS 22-06568​02/22/22 ​