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As of November 18, 2021, Governor Ron Desantis of Florida has passed legislation making it illegal for private employers to mandate employees to get vaccinated for COVID-19 unless certain individual exemptions are made available to the employee.

 

 

The exemptions an employee can utilize are as follows:

An employee is allowed to file a complaint with the Department of Legal Affairs alleging that an exemption has not been offered or has been improperly applied or denied. Employers at this time will have an opportunity to “cure” the situation before recourse. Financial penalties will occur if additional complaints are filed.

Regarding unemployment specifically, an employee’s refusal to be vaccinated will not be considered misconduct, and benefits will not be denied if an employee is discharged on this basis.

What does this mean for employers in Florida?

Given Florida’s change to legislation determining that an employee’s refusal to be vaccinated will not be considered misconduct. Benefits will not be denied, and it is assumed that employers should consider alternative methods to discharging employees based on vaccination status.

If you have additional questions, please contact your Experian Employer Services Account Executive.


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