Sec. 5. (a) An employer may not impose a requirement that employees receive an immunization against COVID-19 unless the employer provides individual exemptions that allow an employee to opt out of the requirement on the basis of any of the following:

(1) Medical reasons.

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Terms Used In Indiana Code 22-5-4.6-5

  • employee: means an individual who works for an employer on a full-time or part-time basis, either paid or unpaid. See Indiana Code 22-5-4.6-2
  • employer: means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees. See Indiana Code 22-5-4.6-3
  • immunization: means the treatment of an individual with a vaccine to produce immunity. See Indiana Code 22-5-4.6-4
(2) Religious reasons.

(3) An employee has immunity from COVID-19 acquired from a prior infection with COVID-19.

     (b) Subject to subsection (c), an employer may require an employee to submit to testing for the presence of COVID-19 not more than twice a week, if the employee receives an exemption based on:

(1) medical reasons under subsection (a)(1);

(2) religious reasons under subsection (a)(2); or

(3) immunity from COVID-19 acquired from a prior infection with COVID-19 under subsection (a)(3).

     (c) An employer may not require a test for the presence of COVID-19 unless the test:

(1) has been approved, cleared, or authorized by the federal Food and Drug Administration;

(2) is the least invasive testing option available; and

(3) does not create an undue burden on the employee to receive the test.

As added by P.L.1-2022, SEC.9. Amended by P.L.174-2022, SEC.57.

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