impossible to provide advance notice.
(b) Employee refusal.--An employee or prospective employee
who refuses an invasive medical test or injection shall provide
written notice to the employer explaining the reasons for
refusal and shall include any supporting documentation. The
employee's or prospective employee's written notice may be
provided at any time prior to the deadline for the employee or
prospective employee to receive the test or injection.
(c) Employer response to refusal.--As soon as practicable
but no later than three business days after receipt of notice of
refusal under subsection (b), the employer shall provide a
written response to the employee or prospective employee who has
refused an invasive medical test or injection. The employer may:
(1) Grant an exception to the requirement for an
invasive medical test or injection without any additional
requirements for the employee.
(2) Provide a reasonable accommodation to the employee
or prospective employee in lieu of requiring the invasive
medical test or injection.
(3) Notify the employee or prospective employee that the
employee's or prospective employee's reason for refusal is
not protected under section 3(a) and that an exception will
not be granted.
(4) Make a request for additional information or
documentation that is required by section 3(a), but was not
provided by the employee or prospective employee, clearly
indicating to the employee or prospective employee what
additional information or documentation will be necessary to
grant an exception to the requirement under paragraph (1) or
provide a reasonable accommodation to the employee under
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