HB5119 102ND GENERAL ASSEMBLY

LRB102 23097 SPS 32254 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5119

Introduced 1/27/2022, by Rep. David A. Welter

SYNOPSIS AS INTRODUCED:

820 ILCS 405/503 new

Amends the Unemployment Insurance Act. Provides that an employer that requires an employee to receive a COVID-19 vaccine shall waive the requirement if the employee, or, if the employee is a minor, the employee's parent or legal guardian, requests a waiver and submits a statement satisfying specified requirements. Provides that an individual who is discharged from employment for refusing to receive a vaccination against COVID-19, shall not be disqualified for benefits on account of such discharge. Provides that if an employee is discharged from employment for refusing to receive a vaccination against COVID-19, the contribution rate and unemployment experience of any employer employing the employee, or an employer that previously employed the employee other than the employer that discharged the employee, shall be unaffected by such discharge. Provides that the Department of Labor shall not impose any penalty on, or take any other action otherwise permitted under the Act against, any employer employing the employee, or an employer that previously employed the employee other than the employer that discharged the employee, as a result of such discharge. Effective immediately.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unemployment Insurance Act is amended by adding Section 503 as follows:

(820 ILCS 405/503 new)

Sec. 503. COVID-19 vaccination requirement by employers; waiver; no disqualification for benefits.

(a) An employer that requires an employee to receive a COVID-19 vaccine shall waive the requirement if the employee, or, if the employee is a minor, the employee's parent or legal guardian, requests a waiver and submits either of the following to the employer:

(1) A statement that receiving the vaccine would be injurious to the health and well-being of the employee or an individual residing with the employee; or

(2) A statement that receiving the vaccine would conflict with the tenets and practices of a religion of which the employee is an adherent or member.

(b) Notwithstanding any other provision of this Act to the contrary, an individual who is discharged from employment for refusing to receive a vaccination against COVID-19, shall not be disqualified for benefits on account of such discharge.

(c) If an employee is discharged from employment for refusing to receive a vaccination against COVID-19, the contribution rate and unemployment experience of any employer employing the employee, or an employer that previously employed the employee other than the employer that discharged the employee, shall be unaffected by such discharge. The Department shall not impose any penalty on, or take any other action otherwise permitted under this Act against, any employer employing the employee, or an employer that previously employed the employee other than the employer that discharged the employee, as a result of such discharge.

Section 99. Effective date. This Act takes effect upon becoming law.