Nebraska passes law limiting employers’ COVID-19 vaccine mandates

On February 25, 2022, the Nebraska Legislature passed Legislative Bill (LB) 906, which addresses COVID-19 vaccine mandates implemented by Nebraska employers. It allows certain exceptions for employees with medical or religious objections who complete a form prepared by the Nebraska Department of Health and Human Services (HHS). It also permits employers to require mask wearing and periodic testing at company expense. The bill has an emergency clause, which means it becomes effective as soon as Governor Pete Ricketts signs it. Read on to learn the details about the new legislation.

Coverage

The new COVID-19 vaccine mandate legislation applies to all private Nebraska employers regardless of size as well as the state of Nebraska, government agencies, and all political subdivisions. Of course, healthcare employers in the state are already subject to a federal vaccine rule issued by the Centers for Medicare and Medicaid Services (CMS), which will take precedence over the state legislation. In addition, LB 906 applies only to COVID-19 shots and no other employer-mandated vaccinations.

The new state law doesn’t apply to federal agencies, Indian tribes, and bona fide private membership clubs exempt from taxes under the Internal Revenue Code.

Requirements

LB 906 requires the HHS to develop a form for an employee to submit to claim an exemption from receiving a COVID-19 vaccine. The form must contain two separate potential declarations: