34-56-201. Employee COVID-19 vaccination, recordkeeping, and testing provisions.
(1)
Terms Used In Utah Code 34-56-201
Adverse action: means :
(i)
an action that results in:
(A)
the refusal to hire a potential employee; or
(B)
the termination of employment, demotion, or reduction of wages of an employee; or
(ii)
a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee. See Utah Code 34-56-101
Employee: means an individual suffered or permitted to work by an employer. See Utah Code 34-56-101
Except as provided in Subsection (1)(b), an employer who requires an employee or prospective employee to receive or show proof that the employee or prospective employee has received a COVID-19 vaccine shall exempt the employee or prospective employee from the requirement if the employee or prospective employee submits to the employer:
(i)
a statement that receiving a COVID-19 vaccine would:
(A)
be injurious to the health and well-being of the employee or prospective employee;
(B)
conflict with a sincerely held religious belief, practice, or observance of the employee or prospective employee; or
(C)
conflict with a sincerely held personal belief of the employee or prospective employee; or
(ii)
a letter from the employee or prospective employee’s primary care provider stating that the employee or prospective employee was previously infected by COVID-19.
(b)
An employer may require an employee or prospective employee to receive or show proof that the employee or prospective employee has received a COVID-19 vaccination without providing an exemption described in Subsection (1)(a), if:
(i)
(A)
the employer establishes a nexus between the requirement and the employee’s assigned duties and responsibilities; or
(B)
the employer identifies an external requirement for vaccination that is not imposed by the employer and is related to the employee’s duties and responsibilities; and
(ii)
reassignment of the employee is not practical.
(c)
(i)
An employer may not keep or maintain a record or copy of an employee’s proof of vaccination, unless:
(A)
otherwise required by law; or
(B)
an established business practice or industry standard requires otherwise.
(ii)
Subsection (1)(c)(i) does not prohibit an employer from verbally asking an employee to voluntarily disclose whether the employee is vaccinated.
(2)
(a)
An employer shall pay for all COVID-19 testing an employee receives in relation to or as a condition of the employee’s presence at the workplace.
(b)
An employer may not keep or maintain a record or copy of an employee’s COVID-19 test results, unless otherwise required by law.
(3)
An employer may not take an adverse action against an employee because of an act the employee makes in accordance with this chapter.
