Gov. Kay Ivey today signed into law a bill prohibiting employers from firing employees who refuse a COVID-19 vaccination if those employees claim a medical or religious exemption.
Ivey signed another bill requiring parental consent for minors, age 18 and under, to receive a COVID-19 vaccination, an exception to the state law that allows minors 14 and older to consent to medical treatments.
The Legislature passed both bills last night, with the Republican majority passing them over opposition from Democrats.
Ivey had previously said she believed that courts, not legislation, were the best way to challenge President Biden’s mandate. Today, she said the state legislation was part of that effort.
“Last week, when I issued my executive order to fight the overreaching Biden vaccine mandates, I reiterated that as long as I am your governor, the state of Alabama will not force anyone to take the covid-19 vaccine,” the governor said. “From the moment the White House rolled out their scare tactic plans to try to force this vaccine on Americans, I called it for what it is: an un-American, outrageous overreach. Alabamians – including those like myself who are pro-vaccine – are adamantly against this weaponization of the federal government, which is why we simply must fight this any way we know how. That is exactly why I have signed Senate Bills 9 and 15 into law. This is another step in the fight, but we are not done yet.
“From issuing the executive order to joining governors in Georgia, South Carolina and other states in suing the Biden Administration, we are doing everything we can to try to get this decision to the U.S. Supreme Court where, hopefully, this overreach will be stopped dead in its tracks. If the Biden Administration presses on with these mandates, the country’s economy will suffer for it. Alabamians – and all Americans – should not have to choose between putting food on the table and getting this shot. I will continue doing everything I can as your governor to fight this thing every step of the way. Alabama will not stand idly by and allow the Biden Administration to get away with this.”
Democrats who opposed the vaccine mandate exemption said it would hurt businesses and undermine efforts to protect employees and customers from the virus.
“The real shock was seeing Alabama Republicans support anti-business legislation like SB9, which will have a big negative impact on communities like Huntsville and Mobile that rely on federal contracting dollars,” House Minority Leader Anthony Daniels, D-Huntsville, said in a press release this morning. “After supporting a bill like that, I don’t think they can say they are pro-business or pro-growth. Hopefully, the business community will remember that House Democrats support their interests.”
The Business Council of Alabama opposed the exemption bill, saying it would put employers in a difficult situation. BCA Interim Executive Director Robin Stone told lawmakers Wednesday that federal contractors are required to follow the federal mandate and failure to do so could cost thousands of jobs in Alabama.
Senate Majority Leader Greg Reed, R-Jasper, said the legislation was to protect freedom and came in response to concerns from people opposed to being forced to take a shot to keep their jobs.
“The Biden administration’s vaccine mandates are a reckless federal government overreach that infringe on Alabamians’ liberty and freedom of personal choice, and could cause significant economic harm to Alabama and Americans across the country,” Reed said. “The legislature has heard from concerned Alabamians across our state who are desperately seeking protection from these unconstitutional mandates, and we have answered with a legislative result to prevent Alabamians from having to make a choice between getting a vaccination they don’t want and maintaining their livelihoods and personal freedoms. I strongly support the Attorney General’s efforts to fight this in the courts, but Alabamians need help now, and the legislation passed today gives Alabamians this much-needed relief.”
The law takes effect immediately. It directs the Alabama Department of Labor to adopt within 21 days an emergency rule allowing employees who are turned down in a request for an exemption to appeal.
Employees would have seven days to appeal to an administrative law judge, who would make a decision within 30 days. The administrative law judge’s decision could then be appealed in circuit court. Employers could not fire an employee for refusing to take the vaccine while the appeal is pending.
The new law says it does not affect the authority of employers to fire employees for any reasons other than refusing a COVID vaccine.
The new law does is not restricted to Biden’s mandate. It does not mention the federal mandate or limit the definition of employer to any certain category.
The law will expire in May 2023 unless the Legislature passes another bill to extend it.
The law, SB 9 by Sen. Chris Elliott, R-Fairhope, would create a standard form allowing employees to choose one of these reasons for an exemption:
- Health care provider recommended refusal of the vaccine because of health conditions or medications. (A licensed health care provider’s signature is required for this reason only.)
- Previously suffered a severe allergic reaction, such as anaphylaxis, to a vaccination.
- Previously suffered a severe allergic reaction to receiving polyethylene glycol or products containing that.
- Previously suffered a severe allergic reaction to polysorbate or products containing polysorbate.
- Have received monoclonal antibodies or convalescent plasma to treat COVID-19 in the last 90 days.
- Have a bleeding disorder or am taking blood thinners.
- Severely immunocompromised such that the vaccine would cause a health risk.
- Diagnosed with COVID-19 in the past 12 months.
- Receiving the vaccine conflicts with sincerely held religious beliefs, practices, or observances.
- Employees who filled out and signed the form would be presumed to be entitled to the exemption. Rep. Mike Jones, R-Andalusia, an attorney who handled the bill in the House, said the only determining factor in whether the exemption would apply is if the form was properly submitted.
The new law requiring parental consent for minors to receive COVID-19 vaccines does not apply to any other vaccinations or medical treatments.
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