Signed by Governor Asa Hutchinson

Vote Smart's Synopsis:

Vote to pass a bill that exempts employees from federal mandates and employer mandates related to the COVID-19 pandemic.

Highlights:

• Requires an employer that requires vaccination or immunization for COVID-19 or its variants for its employees to provide a specific exemption process, in addition to any other exemptions offered by the employer, including options that allow the employee to produce either (Sec. 2): 

• A negative antigen detection test result or molecular diagnostic test result no more than one time per week showing that the employee is not positive for COVID-19; or

• 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 2 times per year, not to exceed one time every 6 months, from a licensed healthcare provider.

• Specifies that if the employee’s health benefit plan does not provide coverage for the testing, the cost of the testing shall be covered through any state or federal funding made available, including COVID-19 relief funds distributed from the American Rescue Plan Act (Sec 2).

• Prohibits an employee from being terminated for mandates related to COVID-19 if the employee complies with the requirements of the specific exemption process related to COVID-19 as required (Sec. 2)

• Establishes that 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 (Sec. 2).

• Authorizes The Department of Finance and Administration to establish rules regarding the method of distribution of COVID-19 relief funds from the American Rescue Plan Act to employees and employers to cover the cost of testing, to include without limitation the: 

• Timely distribution of funds to recipients within thirty (30) days; and

• Establishment of an option for distribution to an employer that chooses to receive funds for disbursement to employees; and

• Method of authentication of receipts that meet legislative auditing requirements, including without limitation the development of forms.

• Establishes that if an employee is terminated due to an employer's violation, the employee may be eligible for unemployment benefits in addition to any other remedy available to the employee (Sec. 2).

• Specifies that this act shall become effective (Sec. 3):

• The date of its approval by the Governor; or 

• If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or

• If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that exempts employees from federal mandates and employer mandates related to the COVID-19 pandemic.

Highlights:

• Requires an employer that requires vaccination or immunization for COVID-19 or its variants for its employees to provide a specific exemption process, in addition to any other exemptions offered by the employer, including options that allow the employee to produce either (Sec. 2): 

• A negative antigen detection test result or molecular diagnostic test result no more than one time per week showing that the employee is not positive for COVID-19; or

• 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 2 times per year, not to exceed one time every 6 months, from a licensed healthcare provider.

• Specifies that if the employee’s health benefit plan does not provide coverage for the testing, the cost of the testing shall be covered through any state or federal funding made available, including COVID-19 relief funds distributed from the American Rescue Plan Act (Sec 2).

• Prohibits an employee from being terminated for mandates related to COVID-19 if the employee complies with the requirements of the specific exemption process related to COVID-19 as required (Sec. 2)

• Establishes that 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 (Sec. 2).

• Authorizes The Department of Finance and Administration to establish rules regarding the method of distribution of COVID-19 relief funds from the American Rescue Plan Act to employees and employers to cover the cost of testing, to include without limitation the: 

• Timely distribution of funds to recipients within thirty (30) days; and

• Establishment of an option for distribution to an employer that chooses to receive funds for disbursement to employees; and

• Method of authentication of receipts that meet legislative auditing requirements, including without limitation the development of forms.

• Establishes that if an employee is terminated due to an employer's violation, the employee may be eligible for unemployment benefits in addition to any other remedy available to the employee (Sec. 2).

• Specifies that this act shall become effective (Sec. 3):

• The date of its approval by the Governor; or 

• If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or

• If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.

Full Bill Text