Indiana § 22-5-4-4 - Application of chapter

§ 22-5-4-4. Application of chapter

Sec. 4. This chapter does not apply to an employer that is:

(1) a church;

(2) a religious organization; or

(3) a school or business conducted by a church or religious organization.

As added by P.L.175-1991, SEC.1.

IC 22-5-4.6Chapter 4.6. Exemptions from COVID-19 Immunization Requirements

22-5-4.6-0.5Applicability; exception for certain employers; filing requirement 22-5-4.6-1"COVID-19" 22-5-4.6-2"Employee" 22-5-4.6-3"Employer" 22-5-4.6-4"Immunization" 22-5-4.6-5Exemptions; testing 22-5-4.6-6Documentation requirements 22-5-4.6-7Receipt of exemption statement; accommodation 22-5-4.6-8Contract, bid specification, or agreement; prohibited provisions 22-5-4.6-9Construction; immunization requirement; additional exemptions

IC 22-5-4.6-0.5Applicability; exception for certain employers; filing requirement Sec. 0.5. (a) This chapter does not apply to the following:

(1) An employee when the employee is working in another state, if the employer provides accommodations for a COVID-19 immunization requirement for the employee in accordance with:

(A) Title VII of the federal Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.); and

(B) the Americans with Disabilities Act (42 U.S.C. 12101 et seq.).

(2) An employer who has entered into a federally awarded or amended contract, subcontract, or postsecondary grant as a condition to receive federal funds, if:

(A) a COVID-19 immunization requirement is imposed on parties that contract with the federal government under federal law, federal regulation, or federal executive order;

(B) compliance with this chapter would result in a breach of contract or a loss of federal funding;

(C) the employer provides accommodations for the COVID-19 immunization requirement for an employee in accordance with:

(i) Title VII of the federal Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.); and

(ii) the Americans with Disabilities Act (42 U.S.C. 12101 et seq.); and

(D) an employer files with the secretary of state business services division evidence that:

(i) a COVID-19 immunization requirement is imposed on parties that contract with the federal government under federal law, federal regulation, or federal executive order; and

(ii) the employer has entered into a federally awarded or amended contract, subcontract, or postsecondary grant as a condition to receive federal funds.

(3) A health care facility that is subject to a federal immunization requirement against COVID-19 for the health care facility's employees.

(4) An employer or employee when:

(A) the employer operates:

(i) a professional sports organization; or

(ii) an entertainment organization or venue engaged in producing or presenting musical, theatrical, or other types of cultural entertainment;

(B) employees of the employer work in close proximity to the live sports or entertainment; and

(C) the employer provides accommodations for a COVID-19 immunization requirement for employees in accordance with:

(i) Title VII of the federal Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and

(ii) the Americans with Disabilities Act (42 U.S.C. 12101 et seq.).

(b) Subsection (a)(2)(D) does not require an employer to disclose confidential or proprietary information to the secretary of state. An employer may redact any confidential or proprietary information prior to submitting the evidence described in subsection (a)(2)(D).

(c) The information collected or maintained by the secretary of state under subsection (a)(2)(D) shall be:

(1) public information; and

(2) available electronically for inspection by the public.

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

IC 22-5-4.6-1"COVID-19" Sec. 1. As used in this chapter, "COVID-19" means:

(1) severe acute respiratory syndrome coronavirus 2 or a mutated form of severe acute respiratory syndrome coronavirus 2; or

(2) the disease caused by severe acute respiratory syndrome coronavirus 2 or a mutated form of severe acute respiratory syndrome coronavirus 2.

As added by P.L.1-2022, SEC.9. Amended by P.L.23-2026, SEC.231.

IC 22-5-4.6-2"Employee" Sec. 2. As used in this chapter, "employee" means an individual who works for an employer on a full-time or part-time basis, either paid or unpaid. The term includes:

(1) an independent contractor;

(2) a subcontractor; and

(3) a student who works as a trainee or an intern.

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

IC 22-5-4.6-3"Employer" Sec. 3. As used in this chapter, "employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees. However, the term does not include the United States and its agencies and instrumentalities.

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

IC 22-5-4.6-4"Immunization" Sec. 4. As used in this chapter, "immunization" means the treatment of an individual with a vaccine to produce immunity.

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

IC 22-5-4.6-5Exemptions; testing 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.

(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.

IC 22-5-4.6-6Documentation requirements Sec. 6. (a) Unless an employer waives the documentation requirements under this subsection, to claim an exemption based on medical reasons, an employee must present to the employer an exemption statement in writing, dated and signed by:

(1) a licensed physician;

(2) a licensed physician's assistant; or

(3) an advanced practice registered nurse;

who has examined the employee. The statement must provide that, in the professional opinion of the licensed physician, licensed physician's assistant, or advanced practice registered nurse, the immunization against COVID-19 is medically contraindicated (as defined in IC 16-18-2-223.7) for the employee.

(b) To claim an exemption based on religious reasons, an employee must present to the employer an exemption statement in writing indicating that the employee declines the immunization against COVID-19 because of a sincerely held religious belief.

(c) Unless an employer waives the documentation requirements under this subsection, to claim an exemption based on immunity from COVID-19 acquired from a prior infection with COVID-19, an employee must present to the employer the result of a laboratory test performed on the employee that has been approved, cleared, or authorized by the federal Food and Drug Administration, including any of the following:

(1) A polymerase chain reaction test (PCR) test.

(2) An antigen test.

(3) An antibody or serology test.

An employer may request that an employee submit a new laboratory test result as described in this subsection not more than once every three (3) months.

As added by P.L.1-2022, SEC.9. Amended by P.L.174-2022, SEC.58.

IC 22-5-4.6-7Receipt of exemption statement; accommodation Sec. 7. (a) If an employer receives a completed exemption statement for an exemption based on:

(1) medical reasons; or

(2) immunity from COVID-19 acquired from a prior infection with COVID-19;

in accordance with section 6 of this chapter, the employer must allow the employee to opt out of the employer's COVID-19 immunization requirement as provided in section 5 of this chapter without further inquiry.

(b) If an employer receives a completed exemption statement for an exemption based on religious reasons in accordance with section 6(b) of this chapter, the employer must make a religious accommodation in compliance with Title VII of the federal Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) and the Americans with Disabilities Act (42 U.S.C. 12101 et seq.).

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

IC 22-5-4.6-8Contract, bid specification, or agreement; prohibited provisions Sec. 8. A:

(1) contract;

(2) bid specification; or

(3) agreement;

entered into after March 31, 2022, may not contain a provision requiring an employee to receive an immunization against COVID-19 that limits in any way the rights and protections provided to an employee under this chapter.

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

IC 22-5-4.6-9Construction; immunization requirement; additional exemptions Sec. 9. Nothing in this chapter shall be construed to:

(1) require an employer to impose a requirement that employees receive an immunization against COVID-19; or

(2) preclude an employer from allowing additional exemptions from an employer's COVID-19 immunization requirement.

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

IC 22-5-5Chapter 5. Terminating Sex Offender Employment Contracts

22-5-5-0.1Application of chapter 22-5-5-1Grounds for termination; criminal convictions