MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Health and Human Services
By: Representative Yancey
AN ACT TO AUTHORIZE PUBLIC AND PRIVATE EMPLOYEE EXEMPTIONS FROM COVID-19 VACCINE MANDATES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Legislative findings and intent. (1) The Legislature finds that:
(a) The United States government is mandating that employers take actions related to coronavirus 2019 (COVID-19) vaccinations, including forcing an employee to be vaccinated against the employee's will;
(b) Vaccination mandates are an overreach of authority;
(c) Many employers and employees in Mississippi will soon be subject to this vaccination mandate; and
(d) Mississippi employees need to be protected from this type of overreach.
(2) The Legislature intends for this act to:
(a) Protect public and private employees in Mississippi from impending terminations due to vaccination mandates; and
(b) Create the ability for funding to be available to assist employees in Mississippi with the costs associated with testing related to the vaccination mandate through the methods provided in this act, including, without limitation, COVID-19 relief funds distributed from the American Rescue Plan Act of 2021, Pub. L. No. 117-2.
SECTION 2. (1) A public or private employer that requires or is mandated to require vaccination or immunization for coronavirus 2019 (COVID-19) or its variants for its employees shall provide an exemption process.
(2) The exemption process shall include options to allow the employee to produce either:
(a) A negative antigen detection test result or molecular diagnostic test result no more than one (1) time per week showing that the employee is not positive for COVID-19; or
(b) Proof of immunity for the virus that causes COVID-19 or its variants, including, without limitation, the presence of antibodies, T cell response, or proof of a positive COVID-19 or its variants test, on a basis of two (2) times per year, not to exceed one (1) time every six (6) months, from a licensed healthcare provider.
(3) If multiple proven test processes are available to an employee under subsection (2) of this section, the employee may choose which test to take.
(4) The employee may provide test results obtained outside of the employer or a licensed healthcare provider if the test meets the guidelines contained within the Policy for Coronavirus Disease-2019 Tests During the Public Health Emergency (Revised) issued by the United States Department of Health and Human Services Food and Drug Administration Center for Devices and Radiological Health.
(a) The cost of the testing shall be covered through any state or federal funding made available, including without limitation, COVID-19 relief funds distributed from the American Rescue Plan Act of 2021, Pub. L. No. 117-2, if the employee's health benefit plan does not provide coverage for the testing.
(b) In the event that the cost of testing under subsection (3) of this section is not available, the cost of the testing shall be covered by the employee.
(5) An employer shall provide the exemption process required under this section in addition to any other exemptions offered by the employer.
(6) If an employee complies with the requirements of the exemption process related to COVID-19 as required by this
section, the employee shall not be terminated for mandates related to COVID-19.
(7) Nothing in this section should be interpreted to modify any other agreements between the employer and employee or to amend or affect the employment-at-will doctrine, whether written or otherwise.
(8) The Department of Finance and Administration shall establish rules regarding the method of distribution of COVID-19 relief funds from the American Rescue Plan Act of 2021, Pub. L. No. 117-2, to employees and employers to cover the cost of testing, to include without limitation the:
(a) Timely distribution of funds to recipients within thirty (30) days;
(b) Establishment of an option for distribution to an employer that chooses to receive funds for disbursement to employees; and
(c) Verification and method of authentication of receipts that shall meet legislative auditing requirements, including without limitation the development of forms.
(9) If an employee is terminated due to the employer's violation of this section, the employee may be eligible for unemployment benefits in addition to any other remedy available to the employee.
(10) This section shall be repealed July 31, 2023, unless extended by the Legislature.
SECTION 3. The Legislature of the State of Mississippi finds and determines that mandates that force actions related to coronavirus 2019 (COVID-19) vaccinations are an overreach of authority; COVID-19 vaccination mandates will be imposed on many public and private employers and employees in Mississippi; public and private employees are facing impending terminations related to exercising their rights to refuse a COVID-19 vaccination; and that this act is immediately necessary to protect the people of Mississippi from this type of overreach.
SECTION 4. This act shall take effect and be in force from and after its passage.