Ark. Code § 11-5-118 : Labor and Industrial Relations — Working Conditions Generally — General Provisions —5-118 - Exemption for employees from mandates related to coronavirus 2019 (COVID-19)

(a) An employer that requires or is mandated to require vaccination or immunization for coronavirus 2019 (COVID-19) or its variants for its employees shall provide a specific exemption process.
(b) The specific exemption process shall include options that allow the employee to produce either:
(1) A negative antigen detection test result or molecular diagnostic test result no more than one (1) time per week showing that the employee is not positive for coronavirus 2019 (COVID-19); or
(2) Proof of immunity for the virus that causes coronavirus 2019 (COVID-19) or its variants, including without limitation the presence of antibodies, T cell response, or proof of a positive coronavirus 2019 (COVID-19)-or-its-variants test, on a basis of two (2) times per year, not to exceed one (1) time every six (6) months, from a licensed healthcare provider.
(c)
(1) If multiple proven test processes are available to an employee under subsection (b) of this section, the employee may choose which test to take.
(2) The employee may provide test results obtained outside of the employer or a licensed healthcare provider if the test meets the guidelines contained within the Policy for Coronavirus Disease-2019 Tests During the Public Health Emergency (Revised) issued by the United States Department of Health and Human Services Food and Drug Administration Center for Devices and Radiological Health.
(3)
(A) The cost of the testing shall be covered through any state or federal funding made available, including without limitation coronavirus 2019 (COVID-19) relief funds distributed from the American Rescue Plan Act of 2021, Pub. L. No. 117-2, if the employee's health benefit plan does not provide coverage for the testing.
(B) In the event that the cost of testing under subdivision (c)(3)(A) of this section is not available, the cost of the testing shall be covered by the employee.
(d) An employer shall provide the specific exemption process required under this section in addition to any other exemptions offered by the employer.
(e) If an employee complies with the requirements of the specific exemption process related to coronavirus 2019 (COVID-19) as required by this section, the employee shall not be terminated for mandates related to coronavirus 2019 (COVID-19).
(f) Nothing in this section should be interpreted to modify any other agreements between the employer and employee or to amend or affect the employment-at-will doctrine, whether written or otherwise.
(g) The Department of Finance and Administration shall establish rules regarding the method of distribution of coronavirus 2019 (COVID-19) relief funds from the American Rescue Plan Act of 2021, Pub. L. No. 117-2, to employees and employers to cover the cost of testing, to include without limitation the:
(1) Timely distribution of funds to recipients within thirty (30) days;
(2) Establishment of an option for distribution to an employer that chooses to receive funds for disbursement to employees; and
(3) Verification and method of authentication of receipts that shall meet legislative auditing requirements, including without limitation the development of forms.
(h) The Department of Finance and Administration shall report to the Legislative Council on a monthly basis on the disbursement of funds under this section.
(i) If an employee is terminated due to the employer's violation of this section, the employee may be eligible for unemployment benefits in addition to any other remedy available to the employee.
(j) This section shall expire on July 31, 2023, unless extended by the General Assembly.

Ark. Code § 11-5-118

Added by Act 2021, No. 1113,§ 2, eff. 10/13/2021.
Added by Act 2021, No. 1115,§ 2, eff. 10/13/2021.
SECTIONS