To clarify reemployment assistance benefit eligibility for claimants discharged due to failure to comply with a COVID-19 vaccination mandate. Specifically, the rule provides that failure to comply with a private employer’s ....

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NO.:RULE TITLE:

73B-11.0201Determinations Regarding Discharges for Noncompliance with a COVID-19 Vaccination Mandate

PURPOSE AND EFFECT: To clarify reemployment assistance benefit eligibility for claimants discharged due to failure to comply with a COVID-19 vaccination mandate. Specifically, the rule provides that failure to comply with a private employer’s COVID-19 vaccination mandate does not disqualify claimants from Reemployment Assistance benefits if the private employer did not properly apply the exemption requirements set forth in section 381.00317(1), F.S. The rule further establishes that private employers’ have the burden to demonstrate proper application of COVID-19 mandate exemptions and claimants are responsible for providing documentation of a qualified exemption. The rule also provides that claimants discharged from governmental entities and educational institutions for refusing to comply with a COVID-19 vaccination mandate are not disqualified from Reemployment Assistance benefits.

SUMMARY: The rule is being created to clarify reemployment benefit eligibility with regard to discharge resulting from an employer’s COVID-19 vaccination mandate.

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.

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-11.0201 Determinations Regarding Discharge for Noncompliance with a COVID-19 Vaccination Mandate.

(1) A claimant will not be disqualified from receiving Reemployment Assistance benefits if the claimant is discharged from a private employer for the claimant’s refusal to comply with the private employer’s COVID-19 vaccination mandate and the private employer did not offer and properly apply the exemption requirements listed in section 381.00317(1), F.S.

(2) Private Employer Responsibilities. The private employer has the burden to prove that the private employer offered and properly applied the COVID-19 vaccination mandate exemptions listed in section 381.00317(1), F.S. If the Attorney General imposed a fine against the private employer for failing to comply with section 381.00317, F.S. the private employer cannot meet its burden with respect to any claimant that was denied an exemption as a result of such failure.

(3) Claimant Responsibilities. If a claimant has been discharged from employment with a private employer due to the claimant’s noncompliance with his or her private employer’s COVID-19 vaccination mandate and the private employer provides information to the Department of Economic Opportunity that shows the private employer offered and properly applied the COVID-19 vaccination mandate exemptions listed in section 381.00317(1), F.S., the claimant must provide a copy of the document that was submitted to his or her private employer specifying that the claimant qualified for an exemption under section 381.00317(1), F.S. This documentation will be submitted by the claimant to the Department of Economic Opportunity during the fact-finding process, which is initiated by the Department of Economic Opportunity. If the claimant cannot provide a copy of this document, he or she must provide a signed document attesting to the fact that he or she did submit a request to opt out of the private employer’s COVID-19 vaccination mandate and was eligible for a qualified exemption pursuant to section 381.00317(1), F.S.

(4) A claimant will not be disqualified from receiving Reemployment Assistance benefits if the claimant is discharged from 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(c), F.S., for the claimant’s refusal to comply with a COVID-19 vaccination mandate imposed by the educational institution or governmental entity.

(5) The educational institution or governmental entity has the burden to prove that the claimant was not discharged for the claimant’s refusal to comply with a COVID-19 vaccination mandate imposed by the educational institution or governmental entity.

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