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PRINTER'S NO. 1291
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
968
Session of
2021
INTRODUCED BY MASTRIANO, GEBHARD, SCAVELLO, MARTIN, PHILLIPS-
HILL, J. WARD AND STEFANO, DECEMBER 21, 2021
REFERRED TO LABOR AND INDUSTRY, DECEMBER 21, 2021
AN ACT
Providing for exemptions for employees from vaccination mandates
related to COVID-19 and for fines.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the COVID-19
Vaccination Exemption Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"COVID-19." The Coronavirus Disease 2019, an infectious
disease caused by severe acute respiratory syndrome coronavirus
2 that was first identified during December 2019 in Wuhan,
China.
"Employee." An individual from whose wages an employer is
required to withhold tax under section 316.1 of the act of March
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971. The
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term shall not include an individual employed by an agency or
department of the Federal Government or an entity employed by
the Federal Government on a contract basis.
"Employer." An individual, partnership, association,
corporation, governmental body, or unit or agency of a
governmental body, or any other entity that withholds or is
required to withhold tax under section 316.1 of the Tax Reform
Code of 1971 from wages paid to an employee. The term shall not
include an agency or department of the Federal Government or an
entity employed by the Federal Government on a contract basis.
Section 3. Exemption for employees from mandates related to
COVID-19.
(a) Exemption process required.--An employer that requires
or is mandated to require vaccination for COVID-19 or its
variants for the employer's employees shall provide a specific
exemption process that complies with this act.
(b) Requirements.--An exemption process under subsection (a)
shall include options that allow an employee to provide either
of the following in lieu of proof of COVID-19 vaccination:
(1) A molecular diagnostic test result every two weeks
showing that the employee does not test positive for the
COVID-19 virus.
(2) Proof of immunity for the virus that causes COVID-19
or its variants, including, without limitation, the presence
of antibodies. Proof of immunity must be certified every
three months by a licensed health care provider.
(c) Testing.--The following shall apply:
(1) If multiple test processes are available to an
employee under subsection (b), an employee may choose which
test to take.
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(2) An employee may provide test results obtained
outside of the employer or a licensed health care provider if
the test meets the guidelines contained within the Policy for
Coronavirus Disease-2019 Tests During the Public Health
Emergency issued by the Food and Drug Administration, Center
for Devices and Radiological Health, in May 2020.
(d) Additional employer-provided exemption processes.--An
employer may provide additional exemptions beyond the exemption
processes required under this act.
Section 4. Termination prohibited.
An employer may not terminate an employee for failure to
comply with a COVID-19 vaccine mandate if the employee complies
with the requirements of an exemption process under this act.
Section 5. Costs.
An employer shall not be responsible for costs incurred under
section 3(b) or (c).
Section 6. Violation.
(a) Cause of action.--An employee shall have a cause of
action against the employee's employer if the employee's
employment is terminated or the employee is forced to resign due
to the employer's violation of this act. A prevailing employee
shall be entitled to the following:
(1) Injunctive or other equitable relief.
(2) Damages in an amount equal to the wages the employee
would have earned between the date of the employee's
termination and the date of disposition of the employee's
cause of action under this subsection.
(3) Reasonable attorney fees.
(b) Unemployment compensation.--Leaving work, whether
terminated or forced to resign, due to an employer's violation
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of this act shall be deemed a cause of a necessitous and
compelling nature for the purposes of unemployment compensation
under section 402 of the act of December 5, 1936 (2nd Sp.Sess.,
1937 P.L.2897, No.1), known as the Unemployment Compensation
Law.
Section 7. Injury or illness.
Notwithstanding any provision of law to the contrary, an
employee may bring a claim against an employer in a court of
competent jurisdiction for actual and punitive damages for
injuries or illness caused by a vaccination or medicinal
treatment program intended to treat or prevent an infection from
COVID-19 if the employer required the employee to receive the
vaccine or vaccines or a medicinal treatment program as a
condition of the employee's employment.
Section 8. Expiration.
This act shall expire July 31, 2023.
Section 9. Effective date.
This act shall take effect immediately.
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