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.