On February 25, the Unicameral passed LB 906 on a 37-5 vote. The Bill takes effect immediately. The new law provides that if a Nebraska employer requires a Covid-19 vaccine for employees and/or applicants, it must allow for exemptions based either on a health care practitioner’s recommendation or the individual’s sincerely-held religious belief, practice, or observance.
The Bill applies to entities with one or more employees, including state agencies and other political subdivisions. The Bill does not apply to the federal government, any corporation wholly owned by the federal government, Indian tribes, and bona fide private membership clubs, other than labor organizations, that are exempt from federal taxation. The Bill requires the Nebraska Department of Health and Human Services to create and publish a form on its website to be filled out by employees seeking a medical or religious exemption.
Under LB906, an employer may require exempt unvaccinated employees to wear personal protective equipment, i.e., masks and/or submit to COVID-19 testing. Unlike the withdrawn OSHA vaccine mandate, however, the testing is done at the employer’s expense. Medicare-certified and Medicaid-certified providers or suppliers and federal contractors may require additional processes, documentation, or accommodations as necessary to comply with federal law and Centers for Medicare and Medicaid Services regulations.
Reach out to Fraser Stryker’s Labor and Employment Law attorneys at 402.341.6000 for more information.
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Patrick J. Barrett
Kathryn A. Dittrick
Sarah L. (Sally) McGill
Rhianna A. Kittrell
This article has been prepared for general information purposes and (1) does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. Always seek professional counsel prior to taking action.