West DSM News

A new law in Iowa gives workers the ability to refuse vaccine requirements and still keep their job or get unemployment benefits. This comes as the federal government has paused its enforcement of a mandate that all employees in a company of 100 or more be vaccinated or tested weekly.

"Workers are facing a Jan. 4 deadline to be fully vaccinated against #COVID or, in some cases, get tested weekly," The Iowa Bar Association said in a tweet. "But a new law in #Iowa expands their ability to refuse the vaccine and keep their job or get unemployment benefits."

The administration of President Joe Biden had set a Jan. 4 deadline that is being challenged in court, CNBC reported Nov. 18. The differing policies between the state and the federal government have created a confusing situation for employers who are caught between state and federal rules.

Kevin Kincaid, the CEO of Knoxville Hospital and Clinics, told Iowa Public Radio that he keeps up with developments regarding vaccine requirements but still doesn’t know what to tell his unvaccinated staff members.

“If they’re in a situation where they’re thinking about, ‘I need to leave a career that I had a personal calling for from when I was a child,’ Dec. 5 is coming right up,” Kincaid said. “And I would really like to be able to give them some clarity for the decisions that they’ll need to make.”

The Biden administration issued three different mandates. The first is for federal workers and contractors. The second applies to health care workers. People within those two groups don't have a testing option. The third, which is currently blocked by a court, is for companies with at least 100 employees. If eventually allowed to go forward, that would require vaccination or weekly testing.

The new Iowa law gives employers the discretion to waive vaccine requirements for workers who believe the vaccine would hurt their health or wellbeing or that of someone they live with, or if taking the vaccines conflicts with their religious beliefs. No supporting proof is needed. It also allows for those fired for not taking the vaccine to collect unemployment benefits.

The Iowa Association of Business and Industry issued a release stating its opposition to the Iowa bill for two important reasons. 

“This legislation the Iowa Legislature approved now puts employers at risk of possibly facing federal penalties of up to $14,000 per violation,” the statement read in part. “Furthermore, if there is a large number of claims filed by workers, even Iowa businesses complying with the new legislation could soon face increased financial liability through additional unemployment tax levies to maintain a solvent unemployment trust fund.”

The association called the Biden administration’s vaccine mandate “misguided,” but warned the Iowa legislation is “counterproductive” to the urgent need for a robust workforce. 

“ABI continues to strongly urge all Iowans to be vaccinated against COVID-19 and rejects this rushed decision by Iowa lawmakers to institute a blanket policy that is counter to an individual employer’s right to decide what works best for their workplace,” the release said.

Kincaid anticipated a handful of his employees to submit statements in an attempt to be excused from being vaccinated. He remains concerned whether it satisfies the federal mandate for health care workers, which requires vaccination without exception. 

“So that’s where the uncertainty comes in, is at the end of the day, will that protect their jobs?” Kincaid said, Iowa Public Radio reported. “Or will that not?”

Iowa Gov. Kim Reynolds has joined three multi-state lawsuits challenging each of the federal vaccine mandates, leading to the inevitability of the courts deciding which laws take precedence, Iowa Public Radio reported.

How do employers like Kincaid handle their employees in the meantime without being in violation of federal or state laws?

“To my knowledge, there’s nothing that tells an employer that they cannot take exemptions, (that) they cannot follow the Iowa law,” Rep. Henry Stone (R-Forest City), who managed the bill’s passage in the Iowa House of Representatives, said according to Iowa Public Radio. “It shouldn’t put them between a rock and a hard place.”

Tell Kincaid that.