To identify exemptions to “suitable for work” where COVID-19 vaccination mandates are imposed by employers.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NO.:RULE TITLE:

73B-11.0191Determinations Regarding Suitable Work Requiring Compliance with a COVID-19 Vaccination Mandate

PURPOSE AND EFFECT: To identify exemptions to “suitable for work” where COVID-19 vaccination mandates are imposed by employers.

SUMMARY: The rule applies to educational institutions and government entities and provides that work is not deemed suitable and benefits may not be denied under s. 443.101, F.S., to terminated employees for refusing to accept new work if the terminated employee is otherwise eligible and the position requires compliance with a COVID-19 vaccination mandate contrary to s. 381.00317, F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule does not impose a regulatory cost.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 112.0441(4), 381.00317(6), FS.

LAW IMPLEMENTED: 112.0441(3), 381.00317(5), FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linville Atkins, Florida Department of Economic Opportunity, Office of the General Counsel, 107 E. Madison Street, MSC 110, Tallahassee, Florida 32399-4120, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73B-11.0191 Determinations Regarding Suitable Work Requiring Compliance with a COVID-19 Vaccination Mandate.

In addition to the standards listed in section 443.101(2), F.S., the following criteria will apply.  Work will not be considered suitable if the work is for:

(1) An educational institution, as that term is defined in section 112.0441(1)(b), F.S., or a governmental entity, as that term is defined in section 112.0441(1)(c), F.S., and the educational institution or governmental entity imposes a COVID-19 vaccination mandate as a condition of employment; or

(2) A private employer that imposes a COVID-19 vaccination mandate as a condition of employment, and the private employer does not offer the exemptions listed in section 381.00317(1), F.S.

Rulemaking Authority 112.0441(4), 381.00317(6), FS. Law Implemented 112.0441(3), 381.00317(5), FS. History-New _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adrienne Johnston, Deputy Secretary of Workforce Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dane Eagle, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2021